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

Mass. Gen. Laws ch. 149, § 44H (2026)

Enforcement

✓ current as of July 2026
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[ Text of section effective until November 25, 2025. For text effective November 25, 2025, see below.]

  Section 44H. Except as otherwise provided by sections 44A to 44H, inclusive, and except for the consideration and determination after contract award as to whether an item is equal to an item named or described in the specifications for a contract, the attorney general or his designee shall enforce sections 44A to 44H, inclusive, of this chapter and section 39M of chapter 30, sections 38C to 38N, inclusive, of chapter 7, and chapter 149A. The attorney general shall have all the necessary powers to require compliance therewith including the power to institute and prosecute proceedings in the superior court to restrain the award of contracts and the performance of contracts in all cases where, after investigation of the facts, he has made a finding that the award or performance has resulted in violation, directly or indirectly, of said sections 44A to 44H, inclusive, or of said section 39M or of said sections 38C to 38N, inclusive, or of said chapter 149A, and he shall not be required to pay the clerk of the court any entry fee in connection with the institution of the proceeding.

Chapter 149: Section 44H. Enforcement

[ Text of section as amended by 2025, 73, Sec. 47 and 48 effective November 25, 2025. For text effective until November 25, 2025, see above.]

  Section 44H. Except as otherwise provided by sections 44A to 44H, inclusive, and except for the consideration and determination after contract award as to whether an item is equal to an item named or described in the specifications for a contract, the attorney general or his designee shall enforce sections 44A to 44H, inclusive, of this chapter and section 39M of chapter 30, sections 44 to 57, inclusive, of chapter 7C, and chapter 149A. The attorney general shall have all the necessary powers to require compliance therewith including the power to institute and prosecute proceedings in the superior court to restrain the award of contracts and the performance of contracts in all cases where, after investigation of the facts, he has made a finding that the award or performance has resulted in violation, directly or indirectly, of said sections 44A to 44H, inclusive, or of said section 39M or of said sections 44 to 57, inclusive, of chapter 7C, or of said chapter 149A, and he shall not be required to pay the clerk of the court any entry fee in connection with the institution of the proceeding.

Notes of Decisions
Cited in 39 cases (1 in the last 5 years), 1959–2021 · leading case: Interstate Eng'g Corp. v. City of Fitchburg, 329 N.E.2d 128 (Mass. 1975).
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Interstate Eng'g Corp. v. City of Fitchburg, 329 N.E.2d 128 (Mass. 1975). · cites it 20× “In support of its first contention, the plaintiff points to the language of G.L.c. 149, § 44H (as amended through St.”
Cont'l Bronze Co. v. Salvo & Armstrong Steel Co., 397 N.E.2d 1143 (Mass. App. Ct. 1979). · cites it 6× “Despite the bond’s adherence to the provisions of G. L. c. 149, § 44H, he concluded that certain language in the bond was ambiguous and ruled that the ambiguity should be resolved in favor of permitting Continental a recovery on the bond.”
Brasi Dev. Corp. v. Attorney Gen., 925 N.E.2d 826 (Mass. 2010). · cites it 5× “Following an investigation and a bid protest hearing, see G. L. c. 149, § 44H, the Attorney General issued a combined decision on both protests, concluding that the university’s RFP was a proposal to construct a public building, subject to the competitive bidding statute, and…”
Fordyce v. Town of Hanover, 457 Mass. 248 (Mass. 2010). · cites it 2× “See G. L. c. 149, § 44H. The Attorney General also received bid protests from J & J Contractors, Inc.”
Dep't of Labor & Indus. v. Boston Water & Sewer Comm'n, 18 Mass. App. Ct. 621 (Mass. App. Ct. 1984). · cites it 3× “See G. L. c. 149, § 44H. 9 The judge ruled against Longo and the commission because DOLI had adopted a “policy” against penny bidding.”
Sciaba Constr. Corp. v. City of Boston, 617 N.E.2d 1023 (Mass. App. Ct. 1993). · cites it 2× “The petitioner had relied on G.L.c. 149, § 44H, which requires rejection of every subbid "which is on a form .”
Annese Elec. Servs., Inc. v. City of Newton, 730 N.E.2d 290 (Mass. 2000). · cites it 2× “$805,000 In the interim, on August 11, 1995, Annese protested the second solicitation for electrical work to the Commissioner of Labor and Industries (commissioner), pursuant to G. L. c. 149, § 44H. The protest was heard by the Attorney General, the commissioner’s designee.”
Petricca Constr. Co. v. Commonwealth, 640 N.E.2d 780 (Mass. App. Ct. 1994). · cites it 2× “Under G. L. c. 149, § 44H, the commissioner of DOLI is empowered by the Legislature to “enforce” the competitive bidding laws.”
LeClair v. Town of Norwell, 430 Mass. 328 (Mass. 1999). “Donald LeCIair protested the award of the design contract to the office of the Attorney General pursuant to G. L. c. 149, § 44H. After a hearing, the Attorney General refused to invalidate the town’s award of the design contract.”
Associated Subcontractors of Massachusetts, Inc. v. Univ. of Massachusetts Bldg. Auth., 442 Mass. 159 (Mass. 2004). “See G. L. c. 149, § 44H (describing enforcement mechanism); Norfolk Elec.”
Paul Sardella Constr. Co. v. Braintree Hous. Auth., 356 N.E.2d 249 (Mass. 1976). “Convincing support for this result is found in language added to G. L. c. 149, § 44H, by St. 1960, c. 771, § 5.”
Mello Constr., Inc. v. Div. of Capital Asset Mgmt., 999 N.E.2d 1091 (Mass. App. Ct. 2013). · cites it 2× “Following the Attorney General’s decision to take no action, see G. L. c. 149, § 44H, further judicial review of DCAM’s decision was unavailable by motion or statute.”
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