Surety bonds are financial guarantees. While they are often used in the construction industry and in commercial licensing contexts, in Massachusetts
There are various surety bond provisions that could come into play in litigation in Massachusetts, so it is important to be familiar with the differences between them and when each one may apply.
In many zoning appeals in Massachusetts, wherein a party appeals the decision of a municipal board to a court, the third paragraph of G.L. c. 40A, § 17 determines the amount of the bond that may be awarded. Chapter 17 of G.L. c. 40A (Zoning Act) also provides the applicable bond provision for Chapter 40B (affordable housing) appeals of comprehensive permits. See G. L. c. 40B, § 21. Recently, in April 2026, attorneys at MBG secured a § 17 bond in the amount of $200,000 for a client in the Land Court related to the review of a comprehensive permit under Chapter 40B.
The bond provision found in the third paragraph of G.L. c. 40A, § 17 was amended by the Affordable Homes Act (St. 2024, c. 150, § 12), a landmark piece of legislation signed by Governor Maura Healey in 2024. The amendment increased the amount of a surety bond permitted under this section from $50,000 to $250,000 and also included a provision allowing for the indemnification and reimbursement of damages and expenses in addition to costs (which were previously allowed) to the defendant should they prevail in the zoning appeal. Furthermore, it added a statement that a court is not required to find “bad faith or malice of a plaintiff” in order “to issue a bond under this section.” G.L. c. 40A, § 17, as amended. As it reads now, any plaintiff appealing a zoning decision approving a variance, site plan, or special permit may be required to “post a surety or cash bond” up to $250,000. Id.
The Zoning Act is not the only statute that allows for judicial bonds in Massachusetts. There are other bond provisions, too. For example, G.L. c. 231, § 98 allows for bonds in appeals by municipalities of civil decisions of the District Court. Additionally, Section 11 of the Boston Zoning Code (St. 1956, c. 665, § 11, as amended) allows a court to require a surety bond “to indemnify and save harmless . . . from damages and costs” the person whose municipal win has been appealed. And, while Section 17 directly governs zoning appeals, G.L. c. 231, § 117 has been relied upon in certain cases in order to address the posting of a bond in appeals following final judgment.
Unlike Section 17 of the Zoning Act, G.L. c. 231, § 117 is a bond provision that does not specifically authorize a surety bond in so many words. Nonetheless, Massachusetts courts have held that a surety bond may be issued under this section. Recently, in a Memorandum and Order out of the Massachusetts Land Court, Judge Foster determined that a defendant was entitled to an appeal bond under G.L. c. 231, § 117 in the amount of $750,000. In his Order, Judge Foster notes that § 117 permits judges to “make any proper interlocutory orders,” including ordering that an appeal bond be required.
There are various surety bond provisions that could come into play in litigation in Massachusetts, so it is important to be familiar with the differences between them and when each one may apply. Given the complexity of this area of law, this has been a basic overview of some of the general bond provisions that may apply in Massachusetts actions.
Marissa (Mari) is an Associate at the Quincy-based firm of Moriarty, Bielan & Gamache LLC, focusing her practice on real estate and land use issues, worked on research projects involving historical land title matters and restrictions on state-owned land in Massachusetts, and completed a judicial internship at the Massachusetts Supreme Judicial Court. Mari can be contacted my email at mgiaimo@mbgllc.com.
