Retainage · Connecticut

Connecticut retainage law: 5% private cap, 30-day release (2026)

By Sami Chicha, EditorUpdated Checked against primary sources · not yet reviewed by a licensed professionalFact-checked
Quick answer

Connecticut caps private retainage at 5% of a progress payment (Conn. Gen. Stat. § 42-158k), except on HUD projects, residential buildings of up to four units and owner contracts of $25,000 or less; the owner pays it within 30 days of a final-completion certificate or written acceptance. Bonded public work (§ 49-41b) caps it at 7.5% for state agencies (5% after 50% completion), 2.5% for DOT, 5% for municipalities.

Private work

Connecticut · Private workVerified 2026-09-22
Retainage cap
5%
Conn. Gen. Stat. § 42-158k: 'No construction contract may provide for any retainage in an amount that exceeds five per cent of the estimated amount of a progress payment for the life of the construction project.' 'Construction contract' (§ 42-158i(2)) excludes public works or other building contracts with this state, the United States, any other state, or any municipality or political subdivision; projects funded or insured by HUD; owner-contractor contracts of $25,000 or less and subcontracts resulting from them; and contracts for a building intended for residential occupancy containing four or fewer units.
Deadline
30 days
All retainage must be paid by the owner not later than 30 days after issuance of a certificate of final completion by the owner or the owner's authorized representative, or not later than 30 days after the equivalent written acceptance of the construction project work by the owner.
What the statute says
No construction contract may provide for any retainage in an amount that exceeds five per cent of the estimated amount of a progress payment for the life of the construction project.
Conn. Gen. Stat. § 42-158k. · Archived copy of the official text, captured 2025-11-27

Public work

Connecticut · Public workVerified 2026-09-22
Retainage cap
7.5%
Conn. Gen. Stat. § 49-41b applies where a payment bond is required by § 49-41 and the contract requires a performance bond in the full contract price. Three regimes: (1) contracts advertised by the Department of Administrative Services or any other state agency: the awarding authority may not withhold more than 7.5 percent, reduced to 5 percent when 50 percent of the contract is completed, and the prime may not withhold from a subcontractor more than 7.5 percent or the amount withheld from the prime, whichever is less, also reduced to 5 percent at 50 percent completion; (2) contracts advertised by the state Department of Transportation: not more than 2.5 percent, at both tiers; (3) municipal awarding authorities: not more than 5 percent, at both tiers.
Deadline
90 days
Section 49-41b sets the 50 percent-completion reduction and its 90-day payment deadline; it does not itself fix a deadline for final release of the remaining retainage.
What the statute says
the awarding authority shall not withhold more than seven and one-half per cent from any periodic or final payment which is otherwise properly due to the general or prime contractor under the terms of such contract, provided, when fifty per cent of the contract is completed, said amount shall be reduced to five per cent
Conn. Gen. Stat. § 49-41b. · Archived copy of the official text, captured 2026-06-15

Who this applies to

Private work. The limit in § 42-158k reaches every "construction contract" as chapter 742b defines the term [1], including the subcontracts on a covered project. The definition leaves out:

Public work. Section 49-41b governs where § 49-41 requires a payment bond and the contract calls for a performance bond in the full contract price [2]. Its caps bind the awarding authority and, one tier down, the general or prime contractor in what it holds from subcontractors.

What the rule says

Connecticut regulates the private side end to end and the public side by who is paying. A private construction contract may not provide for retainage above 5% [1] of the estimated amount of a progress payment, for the life of the project, and the owner owes all of it within 30 days [1] of certifying final completion or accepting the work in writing. Bonded public work has three caps, set by who awards the contract.

How to comply

Private contracts

Public contracts

The cap turns on who advertised the contract [2]:

On state agency contracts the reduction is payable within 90 days after a complete application for payment showing 50% completion is submitted [2], and the awarding authority must run an early release program for periodic payments from primes to subcontractors. Section 49-41b does not itself fix a deadline for releasing the rest of the retainage [2]; the contract and a lawyer answer that question.

A general contractor or subcontractor that fails to pay as required, after notice by registered or certified mail, owes 1% per month [2] from ten days later, must escrow the claim plus 1% [2] in a Connecticut bank on written demand, and pays the claimant's attorney's fees if it refuses to escrow and the claimant is found to have substantially performed.

What changed recently

P.A. 10-148 cut the private cap from 7.5% to 5% [1], and P.A. 17-182 added the owner-payment provision effective July 1, 2017 [1]. The public section, § 49-41b, dates to P.A. 77-306, and its most recent listed amendment is P.A. 16-104 [2].

Related

How retainage is held on each payment and when it comes back: Retainage in construction. Bill it on the pay application template, which carries retainage on work and on stored materials.

Retainage laws: other states

Sources

  1. General Statutes of Connecticut, Chapter 742b, Construction Contracts (§§ 42-158i to 42-158s) (retrieved 2026-09-22)
  2. General Statutes of Connecticut, Chapter 847, Liens (§§ 49-41a, 49-41b, 49-42) (retrieved 2026-09-22)
  3. General Statutes of Connecticut, Chapter 847, Liens (§§ 49-41a, 49-41b, 49-42) (archived copy, captured 2026-06-15)
  4. General Statutes of Connecticut, Chapter 742b, Construction Contracts (§§ 42-158i to 42-158s) (archived copy, captured 2025-11-27)

Changelog

  1. : 1 more jurisdiction verified and published, 47 of 51 in all.
  2. : California private work corrected: Civ. Code § 8811 (SB 61) caps retention at 5% for contracts entered into on or after January 1, 2026; the row had said no cap.
  3. : Missouri private work corrected: Mo. Rev. Stat. §§ 436.300 to 436.336 cap private retainage at 10% and require release within 30 days of substantial completion; the row had said no private retainage rule.
  4. : Tennessee corrected: Tenn. Code Ann. § 66-34-203 caps owner-to-prime retainage at 5% of the contract, on public and private work; escrow applies to prime contracts of $500,000 or more, and the $300-a-day damages do not apply to public owners.
  5. : Idaho private work added: Idaho Code § 29-115 caps private retention at 5% and requires release within 35 days of final completion; the row had left private work out.
  6. : Rhode Island corrected: the 5% cap in R.I. Gen. Laws § 37-12-10.1 also covers private lienable work of $250,000 or more, and a retainage application may be submitted only 60 days after substantial completion unless the contract allows earlier.
  7. : Oklahoma public work corrected: since November 1, 2022, 61 O.S. §§ 113.1 and 226 reduce retainage to 2.5% of the amount earned to date after 50% completion with satisfactory progress, with no bond condition.
  8. : Montana public work corrected: state and local public contracts are capped at 5% under Mont. Code Ann. § 18-2-316, and final payment on building contracts is due within 30 days of final acceptance (§ 18-2-306).
  9. : Delaware public work corrected: 29 Del. C. § 6516(f)(3) requires retainage to be paid within 60 days after completion or notice of completion, with interest available from the 61st day; the row had no release deadline.
  10. : District of Columbia corrected: D.C. Code § 2-203.01 requires a 10% retent on District construction contracts until completion and acceptance, and the Private Contractor and Subcontractor Prompt Payment Act counts retainage as an undisputed amount due on its schedule; both rows had said no statute.
  11. : Colorado private work updated: HB26-1311 lets a contractor or subcontractor tender a retainage bond of up to 5% in lieu of retainage on contracts from August 12, 2026, and the owner must accept a compliant bond.
  12. : Kentucky private work updated: 2025 Ky. Acts ch. 156 raised the KRS 371.160 escrow threshold to $2,000,000 and barred waiving it by contract.
  13. : 10 more jurisdictions verified and published, 46 of 51 in all.
  14. : Page published.
  15. : Dataset first published with 36 of 51 jurisdictions verified.