Massachusetts General Laws

Mass. Gen. Laws ch. 44, § 31C (2026)

Construction contracts; certificate as to availability of funds; effect of certificate upon defense of insufficiency of appropriations

✓ current as of July 2026

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Section 31C. No contract for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building or public work by any city or town costing more than two thousand dollars shall be deemed to have been made until the auditor or accountant or other officer of the city or town having similar duties has certified thereon that an appropriation in the amount of such contract is available therefor and that an officer or agent of the city, town or awarding authority has been authorized to execute said contract and approve all requisitions and change orders. No order to the contractor for a change in or addition to the work to be performed under a contract subject to this section, whether in the form of a drawing, plan, detail or any other written instruction, unless it is an order which the contractor is willing to perform without any increase in the contract price, shall be deemed to have been given until the auditor or accountant, or other officer of the city or town having similar duties, has certified thereon that an appropriation in the amount of such order is available therefor; but such certificate shall not be construed as an admission by the city or town of its liability to pay for such work. The certificate of the auditor or accountant or other officer of the city or town having similar duties, that an appropriation in the amount of such contract or order is available shall bar any defense by the city or town on the grounds of insufficient appropriation; and any law barring payment in excess of appropriations shall not apply to amounts covered by any certificate under this section.

Notes of Decisions

Cited in 15 cases, 1979–2014 · leading case: City of Lawrence v. Falzarano, 402 N.E.2d 1017 (Mass. 1980).

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City of Lawrence v. Falzarano, 402 N.E.2d 1017 (Mass. 1980). · cites it 3× “1080, prohibited performance under the contract absent a certificate of need? 7 2) was the contract valid despite the fact that it did not contain a certification by the city auditor that sufficient money had been appropriated for it, as required by G. L. c. 44, § 31C? 3) if the…”

City of Lawrence v. Falzarano, 389 N.E.2d 435 (Mass. App. Ct. 1979). · cites it 5× “We now consider whether there was a valid agreement to arbitrate where the contract allegedly did not comply with G. L. c. 44, § 31C. 5 The contract did not have *596 a certification thereon that an appropriation was available in an amount sufficient to cover the contract price.”

Bradston Assocs., LLC v. Suffolk Cnty. Sheriff's Dep't, 892 N.E.2d 732 (Mass. 2008). · cites it 5× “In that case, we were interpreting G. L. c. 44, § 31C, regarding the award of municipal construction contracts.”

Baltazar Contractors, Inc. v. Town of Lunenburg, 843 N.E.2d 674 (Mass. App. Ct. 2006). · cites it 2× “” This agreement bore the certification of the town’s accountant, acting in accordance with G. L. c. 44, § 31C, 3 that an appropriation had been made in the total amount of the contract.”

Thomas O'Connor & Co. v. City of Medford, 448 N.E.2d 1276 (Mass. App. Ct. 1983). · cites it 2× “859, 861 (1981) (discussing G. L. c. 44, § 31C). Other cases construing § 31 (and a similar statute applying to the city of Boston) make clear that its “purpose .”

Glynn v. City of Gloucester, 401 N.E.2d 886 (Mass. App. Ct. 1980). “18, 24-26 (1980), involving G. L. c. 44, § 31C. Moreover, if the contractor argues (as it does here) that the agency waived compliance with the contract’s provisions, it is incumbent on it to show not only that G.”

Reynolds Bros. v. Town of Norwood, 414 Mass. 295 (Mass. 1993). “However, the purpose of G. L. c. 44, § 31C, is quite different. Lawrence v.”

Northgate Constr. Corp. v. City of Fall River, 421 N.E.2d 94 (Mass. App. Ct. 1981). “To the extent that G. L. c. 44, § 31C, inserted by St. 1964, c.”

Fargo Mgmt., LLC v. City of Worcester, 33 Mass. L. Rptr. 65 (Mass. Super. Ct. 2014). · cites it 16× “For its part, Worcester asserts that Fargo’s contract is void for lack of an appropriation certification under G.L.c. 44, §31C, and that in all events its non-construction of the subject skywalk was excused on grounds of frustration of purpose and commercial…”

White Constr. Co. v. City of Gloucester, 441 N.E.2d 1044 (Mass. App. Ct. 1982). “44, § 31C, where: (a) the city makes no claim that an appropriation had never been made for the contract or that the amount found by the master to be due White in fact results in an amount in excess of that appropriated by the city for the contract; (b) the contract, as recited…”

Reynolds Bros. v. Town of Norwood, 584 N.E.2d 1142 (Mass. App. Ct. 1992). · cites it 4× “The defendants denied liability on the following grounds: (1) the contract was a nullity because it did not bear a certificate from the town accountant indicating that an appropriation in the amount of such contract was available as required by the provisions of G. L. c. 44, §…”

Barletta Co. v. City of Leominster, 1 Mass. L. Rptr. 147 (Mass. Super. Ct. 1993). · cites it 2× “This court need not, however, tarry long at the application of §31 in light of the absolute defense that G.L.c. 44, §31C affords to the city. G.L.”

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