Massachusetts General Laws

Mass. Gen. Laws ch. 258, § 12 (2026)

Enforcement of claims

✓ current as of July 2026

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Section 12. Claims against the commonwealth, except as otherwise expressly provided in this chapter or by any general or special provision of law, may be enforced in the superior court.

Notes of Decisions

Cited in 20 cases, 1980–2020 · leading case: Irwin v. Town of Ware, 467 N.E.2d 1292 (Mass. 1984).

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Irwin v. Town of Ware, 467 N.E.2d 1292 (Mass. 1984). · cites it 2× “act or omission gave rise to such claim, " it likewise demonstrates that § 2 applies to the individual "claim" of a negligence victim, not to the "claims" of multiple claimants.”

Massachusetts Elec. Co. v. Athol One, Inc., 462 N.E.2d 1370 (Mass. 1984). · cites it 3× “The company contends that the Commonwealth has waived its sovereign immunity by virtue of G. L. c. 258, § 12, and is subject to an action to reach and apply, since the company’s *687 claim arose from, and is sufficiently related to, the contractual relationship between the…”

Pinshaw v. Metro. Dist. Comm'n, 524 N.E.2d 1351 (Mass. 1988). · cites it 2× “" G.L.c. 258, § 12 (1986 ed.). In Filippone v.”

Wong v. Univ. of Massachusetts, 777 N.E.2d 161 (Mass. 2002). · cites it 2× “Compare G. L. c. 258, § 12 (“Claims against the commonwealth .”

Perkins Sch. for the Blind v. Rate Setting Comm'n, 423 N.E.2d 765 (Mass. 1981). “Nevertheless, the Appeals Court, sua sponte, ordered that, if filed within thirty days after date of rescript, a motion to amend the complaint by joining the Commonwealth as a party defendant and stating a claim for recovery of interest under the provisions of G. L. c. 258, §…”

McGuigan v. Conte, 629 F. Supp. 2d 76 (D. Mass. 2009). “See Mass. Gen. Laws ch. 258, § 12 (“Claims against the commonwealth, except as otherwise expressly provided in this chapter or by any general or special provision of law, may be enforced in the superior court.”

Sargeant v. Comm'r of Pub. Welfare, 423 N.E.2d 755 (Mass. 1981). “232, 233-234 (1956); G. L. c. 258, § 12, replacing former G. L.”

Massachusetts Hosp. Ass'n, Inc. v. Harris, 500 F. Supp. 1270 (D. Mass. 1980). “In the face of its clear statement directing claims to the Massachusetts superior court, we cannot find a consent to suit against DPW in federal court.”

Minton Constr. Corp. v. Commonwealth, 494 N.E.2d 1031 (Mass. 1986). “The Commonwealth argues first that, if it were required to comply with an arbitrator’s award made pursuant to a contract entered into by an agency of the Commonwealth, the statutory limitation on the scope of review of commercial arbitration decisions (see G. L. c. 251, §§ 12,…”

Perkins Sch. for the Blind v. Rate Setting Comm'n, 411 N.E.2d 1317 (Mass. App. Ct. 1980). · cites it 2× “It is an appropriate case, therefore, for the allowance of a motion to amend the complaint by joining the Commonwealth as a party defendant and by stating a claim for the recovery of interest under the provisions of G. L. c. 258, § 12, as appearing in St. 1979, c.”

Randall v. Haddad, 468 Mass. 347 (Mass. 2014). “The plaintiffs contend that the Legislature abrogated sovereign immunity when it enacted the Tort Claims Act, and they cite G. L. c. 258, § 12, for the point. Section 12 provides that “[c]laims against the commonwealth, except as otherwise expressly provided in [G.”

Codman & Shurtleff, Inc. v. Comm'r of the Dep't of Emp. & Training, 630 N.E.2d 622 (Mass. App. Ct. 1994). · cites it 3× “As the judge below remarked, while that statute does not permit the commissioner to award interest when acting on an employer’s application for upward adjustment, “it does not so restrict the court.”

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