Mass. Gen. Laws » Part I Title XXI Chapter 149
Massachusetts General Laws

Mass. Gen. Laws ch. 149, § 29A (2026)

Enforcement of surety bonds by persons furnishing labor or materials on private building projects

✓ current as of July 2026
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Section 29A. Whenever any surety bond shall be given in connection with any written contract for the erection, alteration, repair or removal of any private building or structure upon privately owned land, containing a condition for the payment of all labor and material used or reasonably required for use in the performance of the contract, any person who furnishes such labor or materials shall be entitled to sue for his own use and benefit upon such bond in accordance with its provisions and need not prove that he relied upon the bond in furnishing labor or material.

Notes of Decisions
Cited in 14 cases, 1973–2008 · leading case: Choate, Hall & Stewart v. SCA Servs., Inc., 392 N.E.2d 1045 (Mass. 1979).
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Choate, Hall & Stewart v. SCA Servs., Inc., 392 N.E.2d 1045 (Mass. 1979). “13 See G. L. c. 149, § 29A (enforcement of surety bond); G.”
M. Lasden, Inc. v. Decker Elec. Corp., 360 N.E.2d 1068 (Mass. 1977). · cites it 2× “We begin by noting that the bond provision at issue in this case contains language which tracks exactly language contained in G. L. c. 149, § 29A. The purpose of § 29A was to create a statutory exception to the rule of law in this Commonwealth which had been held to preclude…”
Superior Glass Co. v. First Bristol Cnty. Nat'l Bank, 406 N.E.2d 672 (Mass. 1980). “See G. L. c. 149, § 29A; Choate, Hall & Stewart v.”
Trs. of the Iron Workers Dist. Council of New England, Pension, Health, & Welfare, Annuity, Vacation, Educ. Funds v. Oxford Sutton Dev., LLC, 24 Mass. L. Rptr. 421 (Mass. Super. Ct. 2008). · cites it 4× “The Plaintiffs filed the Consolidated Case on September 26, 2007, to recover the amount of the Bond under G.L.c. 149, §29A (Count I), and under G.L.”
Kitaeff v. Vappi & Co. (In Re Bay State York Co.), 140 B.R. 608 (Bankr. D. Mass. 1992). “In that case, the Massachusetts Appeals Court stated: By the express terms of G.L. c. 149 § 29A, the plaintiff, as a supplier of materials to whom payment was due, could bring an action on the bond directly against the surety.”
Warren Bros. Co. v. Sentry Ins., 433 N.E.2d 1253 (Mass. App. Ct. 1982). “829, 831-832 (1980); G. L. c. 149, § 29A. Compare Johnson-Foster Co.”
Cont'l Bronze Co. v. Salvo & Armstrong Steel Co., 397 N.E.2d 1143 (Mass. App. Ct. 1979). “913 (1979) (where on a private project, a subcontractor’s bond, containing language unnecessary to the general contractor’s protection was held under G. L. c. 149, § 29A, to have promised payment to a person supplying labor and materials in the prosecution of the work provided…”
Powers Regulator Co. v. United States Fid. & Guar. Co., 388 N.E.2d 1205 (Mass. App. Ct. 1979). “arising from claims against the [general contractor]... by those claiming to have supplied labor and materials to [the subcontractor].”
Gen. Elec. Co. v. Lexington Contracting Corp., 292 N.E.2d 874 (Mass. 1973). “In this action commenced in the Superior Court under G. L. c. 149, § 29A, the General Electric Company (plaintiff) seeks to recover on a surety bond executed by the defendant, New Amsterdam Casualty Company (New Amsterdam).”
John D. Ahern Co. v. Trs. of Boston Univ., 421 N.E.2d 477 (Mass. App. Ct. 1981). “After trial, the judge found that the plaintiffs had not been advised that the bond provision had been waived, but that all pertinent information regarding the bond, together with the respective responsibilities of the owner and contractor, had been made available to the…”
Suffolk Builders Supply, Inc. v. Tocci Bldg. Corp., 571 N.E.2d 377 (Mass. 1991). “Suffolk filed a complaint against Tocci and Aetna under G. L. c. 149, § 29A (1988 ed.). 2 That statute states: “Whenever any surety bond shall be given in connection with any written contract for the erection, alteration, repair or removal of any private building or structure…”
Trs. of the Sheet Metal Workers Local Union No. 17 Ins. Annuity Funds v. United States Fire Ins., 23 Mass. L. Rptr. 53 (Mass. Super. Ct. 2007). · cites it 2× “upon privately owned land, containing a condition for payment of all labor and materials used or reasonably required for use in the performance of the contract, any person who furnishes such labor or materials shall be entitled to sue on his own use and benefit upon such bond in…”
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