Massachusetts General Laws

Mass. Gen. Laws ch. 258, § 5 (2026)

Arbitration, compromise or settlement of claims; subsequent actions

✓ current as of July 2026

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Section 5. The executive officer of a public employer may arbitrate, compromise or settle any claim for damages under this chapter; provided, that any award, compromise or settlement in excess of two thousand five hundred dollars shall be made only with the prior approval of the public attorney for such public employer; provided further, however, that in any case where the public employer is the commonwealth, any award, compromise or settlement in excess of twenty thousand dollars shall be made only with the prior approval of the secretary of administration and finance. The executive officer shall not arbitrate, compromise or settle any such claim before it has been presented to him in writing or after six months have passed from the date upon which such claim was presented to him.

The acceptance by the claimant of any such award, compromise or settlement shall be in writing and shall, except when procured by fraud, be final and conclusive on the claimant, and shall constitute a complete release of any claim against the public employer or against the public employee whose negligent or wrongful act or omission gave rise to such a claim, and a complete bar to any action by the claimant against such public employer or public employee, by reason of the same subject matter.

Notes of Decisions

Cited in 21 cases, 1973–2015 · 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 4× “" G.L.c. 258, § 5, inserted by St. 1978, c.”

Martin v. Commonwealth, 760 N.E.2d 313 (Mass. App. Ct. 2002). · cites it 2× “” When no settlement was forthcoming, see G. L. c. 258, § 5, *528 Ms. Martin commenced suit as parent and next friend of each minor child.”

Est. of Gavin v. Tewksbury State Hosp., 9 N.E.3d 299 (Mass. 2014). · cites it 2× “See G. L. c. 258, § 5. In particular, presentment to the appropriate executive officer is critical because that officer alone is “charged with the over-all financial and budgetary responsibility” for the relevant agency or department and, as “[t]he highest officer,” is in a…”

Weaver v. Commonwealth, 438 N.E.2d 831 (Mass. 1982). “See G. L. c. 258, § 5. Thus, without an actual presentment made in strict compliance with the statute, the executive officer with the authority to settle a claim could not be assured of an adequate opportunity to investigate the circumstances surrounding that claim in order to…”

Partelow v. Massachusetts, 442 F. Supp. 2d 41 (D. Mass. 2006). “Because the question of whether Plaintiff fulfilled the presentment requirement of Mass. Gen. Laws ch. 258, § 5 raises a “complex issue of State law,” 28 U.”

Wong v. Univ. of Massachusetts, 777 N.E.2d 161 (Mass. 2002). “566, § 2, repealed G. L. c. 258, § 5, that previously had governed the statute of limitations for contract claims against the Commonwealth.”

Holahan v. City of Medford, 474 N.E.2d 1117 (Mass. 1985). “G. L. c. 258, § 5, as appearing in St. 1978, c.”

Garcia v. Essex Cnty. Sheriff's Dep't, 837 N.E.2d 284 (Mass. App. Ct. 2005). “186, 189 (1985), quoting from G. L. c. 258, § 5, in order to ensure that the interests of the Commonwealth are protected.”

Rodriguez v. City of Somerville, 33 N.E.3d 1240 (Mass. 2015). “See G. L. c. 258, § 5 (detailing arbitration, compromise, and settlement of claims made under Act).”

Tambolleo v. Town of West Boylston, 613 N.E.2d 127 (Mass. App. Ct. 1993). “See G. L. c. 258, § 5; Holahan v. Medford, 394 Mass.”

Carifio v. Town of Watertown, 540 N.E.2d 1341 (Mass. App. Ct. 1989). “G. L. c. 258, § 5 ... . The statute requires presentment to be made to the official with the capacity to negotiate or settle the claim — the executive officer, in this case the city manager.”

Pickett v. Commonwealth, 604 N.E.2d 43 (Mass. App. Ct. 1992). “See G. L. c. 258, § 5; Holahan v. Medford, 394 Mass.”

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