Section 39B. Every contract entered into by the commonwealth or any agency thereof, or in behalf of any political subdivision thereof, for the construction, repair, alteration or improvement of public ways, airports or other public works of a similar nature wherein it is contemplated that dump trucks, so called, will be hired from common or contract carriers for use in the prosecution of such contract or for the delivery or transportation of materials to be incorporated in such work, shall contain provisions setting forth in detail all applicable rates and transportation charges prescribed by the department of telecommunications and energy with respect to such common carriers and contract carriers who engage in dump-truck operations.
''Transportation charges'', as used herein, shall be defined as any charge prescribed or authorized by the department of telecommunications and energy to be paid to the owner of a dump truck who holds a certificate as a common carrier or a permit as a contract carrier whether such charge is based on an hourly rental basis, cubic yard per mile basis, ton per mile basis, or any other basis approved and authorized by said department of telecommunications and energy which is applicable to any such contract.
On contracts where payment of transportation charges is being made on a cubic yard-mileage or ton-mileage basis, if any dispute shall arise between a common or contract carrier and a contractor, sub-contractor or materials supplier as to the proper mileage or carrying capacity of any vehicle on which payment is based, such dispute may be referred by either party to the contracting officer or agency of the commonwealth, or in behalf of any political subdivision thereof, for decision. In such cases the contracting office or agency shall cause the mileage from the loading point or source of supply to the nearest point of delivery on said contract to be computed, or shall cause the carrying capacity of such vehicle to be measured and determined. Such determination of facts shall be conclusive and binding upon both parties and shall be used as the basis for payment to all carriers in accordance with rates prescribed by the department of telecommunications and energy for the mileage and carrying capacity of each vehicle as determined.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.