Retainage · Oklahoma

Oklahoma retainage law: 5% public cap, 21-day release (2026)

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

Oklahoma's Title 61 retainage statutes reach only government owners, so private retainage is set by the contract. On public construction, 61 O.S. §§ 113.1 and 226 allow up to 5% of partial payments, reduced to 2.5% of the amount earned to date once more than 50% of the contract is complete and progress is satisfactory. The owner releases retainage within 21 calendar days of a certificate of substantial completion.

Private work

Oklahoma · Private workVerified 2026-09-22
Retainage cap
No statewide statute
No Oklahoma retainage statute reaching private owners was located. Both retainage regimes found in Title 61 are public: 61 O.S. § 113.1 governs 'a public construction contract', and the Fair Pay for Construction Act (61 O.S. §§ 221-227) defines 'Owner' as 'any state government entity, municipality, township, public trust or an instrumentality of a state government entity, municipality, township or public trust in this state'.
Deadline
No statewide statute
Statute
No statewide statute

Public work

Oklahoma · Public workVerified 2026-09-22
Retainage cap
5%
Two overlapping regimes, both amended effective November 1, 2022. 61 O.S. § 113.1: a public construction contract shall provide that up to 5% of all partial payments is withheld as retainage; once the contractor has completed more than 50% of the total contract amount, the retainage is reduced to 2.5% of the amount earned to date once the public agency finds satisfactory progress. The Department of Transportation and the Oklahoma Turnpike Authority may not withhold retainage at all, and the Department may not withhold retainage or require a bond on projects awarded to railroads on their own rail property. Fair Pay for Construction Act, 61 O.S. § 226: up to 5% of all partial payments, reduced to 2.5% of the amount earned to date after 50% completion once the owner finds satisfactory progress; a subcontract's retainage may not exceed 5% of the payment due and drops to 2.5% of the original contract amount when the subcontractor's work is at least 50% complete. The Act does not apply to highway, railroad or turnpike construction, to roads, bridges, utilities, traffic control, drainage, sanitary sewer or waterline construction except as part of a construction contract, or to one- to four-family dwellings.
Deadline
21 days
Issuance of a certificate of substantial completion for the project or a separate usable phase, with adequate performance by the prime contractor and approval of any applicable surety.
What the statute says
A public construction contract shall provide for partial payment based upon work completed. The contract shall provide that up to five percent (5%) of all partial payments made shall be withheld as retainage.
61 O.S. § 113.1 and 61 O.S. § 226 (Fair Pay for Construction Act). · Official text · retrieved 2026-10-17

Who this applies to

Oklahoma's retainage statutes in Title 61 are written for government owners only [1]. Section 113.1 of Title 61 governs "a public construction contract," and the Fair Pay for Construction Act defines "Owner" as a state government entity, municipality, township or public trust, or an instrumentality of one of them [1]. Neither statute reaches private construction, so on a private job the percentage and the release date are whatever the contract provides.

On public jobs, two statutes overlap [1]:

What the rule says

Both public statutes start from a 5% ceiling on partial payments [2]. Once the contractor has completed more than 50% of the total contract amount, and the owner or agency finds that satisfactory progress is being made, retainage is reduced to 2.5% of the amount earned to date [2]. On a subcontract, retainage may not exceed 5% of the payment due and drops to 2.5% of the original contract amount once the subcontractor's work is at least 50% complete [2]. Release is keyed to a certificate of substantial completion for the project or a separate usable phase. Within 21 calendar days after it issues, provided the prime contractor has performed adequately and any applicable surety approves, the owner releases retainage to the prime contractor, keeping back no more than 150% of the estimated costs to correct any incomplete or defective work [1].

How to comply

The statute text is linked under Sources. On a private job, the contract is the document that answers each of these questions.

What changed recently

Section 113.1 was added by Laws 1977, c. 74, § 2. Two 2022 acts amended it, Laws 2022, c. 238, § 24 and Laws 2022, c. 315, § 1, both effective November 1, 2022, and the official compilation prints both versions; each reduces retainage to 2.5% after 50% completion [2]. Section 226 of the Fair Pay for Construction Act was added by Laws 2004, c. 256, § 6, and last amended by Laws 2022, c. 315, § 2, effective November 1, 2022, which replaced the earlier rule tied to bonded work [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. Oklahoma Statutes, Title 61, Public Buildings and Public Works (Oklahoma State Senate official publication), §§ 113.1, 113.2, 113.3, 221-227 (retrieved 2026-09-22)
  2. Oklahoma Statutes Title 61, Public Buildings and Public Works (current compilation), Oklahoma Legislature (retrieved 2026-10-17)

Changelog

  1. : Page updated.
  2. : 1 more jurisdiction verified and published, 47 of 51 in all.
  3. : 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.
  4. : 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.
  5. : 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.
  6. : 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.
  7. : 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.
  8. : 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.
  9. : 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).
  10. : 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.
  11. : 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.
  12. : 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.
  13. : 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.
  14. : 10 more jurisdictions verified and published, 46 of 51 in all.
  15. : Page published.
  16. : Dataset first published with 36 of 51 jurisdictions verified.