Massachusetts: Massachusetts Extends Time to Sue on Big Dig
 
June 2, 2003
 
Stanley A. Martin- Boston

The Massachusetts Legislature, reacting to an exposé in the Boston Globe on Big Dig cost overruns, enacted a law to extend the deadline for the government to file suit to recover money until 2013.  The governor’s signature is expected on the bill, which passed both houses with overwhelming support after allegations of $1.5 billion in cost overruns surfaced, supposedly attributable to the Big Dig’s project manager, Bechtel/Parsons Brinkerhoff.

The new law holds that claims by the state or federal government “shall be brought not later than 10 years from the date that the cause of action arises or from the effective date of this section, whichever is later.  This section shall apply regardless of when the action or claim accrued or was filed, and regardless of whether it may have lapsed or otherwise be barred by time under the law of the commonwealth.”

With the normal tort limitations period at three years, and contract limitations period at six years, this law provides for a substantial extension of any pending claims, and will even revive claims that had already lapsed.  A number of questions and issues arise (e.g., can lapsed claims be revived in this fashion, and does this language also permit contractors to sue the state?), but for now the state has the upper hand in pursuing what had been dead claims.

For more information, call Stanley A. Martin, toll free, at 1-888-688-8500.