Dataset · 51 jurisdictions
Retainage laws by state (2026)
By Sami Chicha, EditorUpdated Checked against primary sources · not yet reviewed by a licensed professional
What this table shows · as of 2026-10-17
Of the 47 published records, 44 state a retainage percentage for public work and 22 for private work, and 6 record that no statewide statute governs retainage on private work, where the contract governs. Each percentage comes with the record's note on what it covers, and every deadline with the event that starts it. The other 4 are listed as not yet verified, with no figure. Work an actual pay application through the retainage calculator. As of 2026-10-17.
CC BY 4.0: free to reuse with a link back. The downloads carry the published rows only, with their sources and dates.
All 51 jurisdictions
| State | Private cap | Private deadline | Public cap | Public deadline | Statutes | Verified |
|---|---|---|---|---|---|---|
| Alabama | 10% (what it covers)Ala. Code § 8-29-3(i)-(k): not more than 10% of the estimated amount of work properly done and the value of materials stored, at every tier (owner→contractor, contractor→sub, sub→sub-sub). A lower tier may never be held to a higher retainage percentage than the tier above it (§ 8-29-3(f)-(g)). Chapter 8-29 does not apply to residential homebuilders, improvements intended for residential purposes of 16 or fewer units, contracts of $10,000 or less, or contracts with Alabama state or local government (§ 8-29-7). Subsections (h)-(l) do not apply to projects for or by an electric utility regulated by the Public Service Commission (§ 8-29-3(m)). | 60 days from when?No later than 60 days after completion of the contractor's work as defined in its contract with the owner, or no later than 60 days after substantial completion of the project, whichever occurs first, in both cases with all necessary certificates of occupancy issued. | 5% (what it covers)Ala. Code § 39-2-12(c): not more than 5% of the estimated amount of work done and the value of materials stored on site or suitably stored and insured off-site; after 50% completion no further retainage. No retainage at all on Alabama Department of Transportation contracts for construction or maintenance of public highways, bridges or roads. The payment-timing provisions do not apply to contracts administered by the Alabama Building Commission, to Title 33 Chapter 1 agencies, or to disaster response and recovery contracts. | 35 days from when?Retainage is held until final completion and acceptance of all work covered by the contract (unless the escrow or securities-deposit alternative is used); final payment becomes due and owing 35 days after the contractor presents a certified voucher for payment, the required release of claims and liens, and proof of advertisement. | Private: Ala. Code § 8-29-3. Public: Ala. Code § 39-2-12. | 2026-09-29 |
| Alaska | No statewide statuteAlaska's construction payment article, AS 36.90.200 to 36.90.290, applies to public construction and public works contracts of the state and its political subdivisions. It sets no retainage rule for private work, so a private contract governs. | No statewide statute | See the ruleAS 36.90.200 to 36.90.290 set no maximum retainage percentage. They require the state or political subdivision to pay the prime contractor interest on retainage, including warranty retainage, and require every public subcontract to carry clauses that pass retainage down within eight working days. A political subdivision with a population of 500 or less is exempt from the interest on retainage, and a contract provision that waives a provision of the article is void (AS 36.90.270). | 8 days from when?Final payment to the prime contractor by the state or political subdivision (or the end of the AS 36.25.020(b) notice period, if later). The eight working days are the prime contractor's deadline for paying each subcontractor its retainage; the article sets no date for the owner's own release of retainage. | 2026-09-29 | |
| Arizona | See the ruleNo percentage cap. A.R.S. § 32-1182(D): 'The owner may withhold from a progress payment a reasonable amount for retention.' When retention is released the owner may withhold from it not more than 150 percent of the direct costs and expenses the owner reasonably expects to incur because of the contractor's failure to complete portions of the work (§ 32-1182(H)(2)). An owner may contract for different definitions of 'retention', 'substantial completion' and 'final completion' and different release timing only by the conspicuous plan-sheet legends prescribed in § 32-1182(U)-(W). NOTE: these provisions were formerly numbered A.R.S. §§ 32-1129 to 32-1129.07; the current Arizona Revised Statutes listing places them at §§ 32-1181 to 32-1188. | 7 days from when?On substantial completion the contractor submits a billing or estimate for release of retention. It is deemed certified and approved 14 days after the owner receives it unless the owner issues a written statement of reasons; the owner must then pay the retention within 7 days after certification and approval. Where a portion of the contract has a separately stated price, release is billed per portion on its own substantial completion. | 10% (what it covers)State contracts (A.R.S. § 41-2576(A)-(B)): 10 percent of all construction contract payments retained; at 50 percent completion one-half of the amount retained is paid on the contractor's request if progress is satisfactory, and thereafter no more than 5 percent of subsequent progress payments may be retained; 10 percent retention is reinstated if progress becomes unsatisfactory. There is no retention for job-order-contracting contracts, and the purchasing agency may elect none for CM-at-risk and design-build (§ 41-2576(E)). Contracts let by 'agents' (counties, cities, school districts and other political subdivisions) under A.R.S. § 34-221(C)(2)-(5) follow the same 10% → 5% pattern. | 60 days from when?Any retention must be paid, or substitute security returned, within 60 days after final completion and acceptance of the work under the contract. Holding retention longer than 60 days requires a specific written finding by the purchasing agency of the reasons justifying the delay, and no more may be held than is necessary to cover the expenses identified in that finding. | 2026-09-22 | |
| Arkansas | No statewide statuteNo statewide statute governs retainage on private construction projects. Arkansas's retainage subchapter (Ark. Code §§ 22-9-601 to 22-9-604) sits in Title 22 'Public Property', Chapter 9 'Public Works', and by its terms applies to 'a construction contract entered into between a public agency and a contractor who is required to furnish a performance bond'. | No statewide statute | 5% (what it covers)Ark. Code § 22-9-604(a)(1), as amended by Act 193 of 2009: the contractor is entitled to 95 percent of earned progress payments, with the public agency retaining 5 percent. No retainage may be withheld on the portion of a progress payment covering materials or equipment the contract requires the contractor to purchase and store on the job site or in a bonded warehouse (§ 22-9-604(c)). Applies where the contractor is required to furnish a performance bond. | 30 days from when?All sums withheld are held in escrow and must be paid to the contractor within 30 days after the construction contract has been substantially completed. Separately, where the contract allows phased work with completion on partial occupancy, retention must be partially released within 30 days in direct proportion to the value of the completed part of the capital improvement. | 2026-09-22 | |
| California | 5% (what it covers)Civ. Code § 8811, added by SB 61 (Stats. 2025, ch. 49) for contracts relating to a private work of improvement entered into on or after January 1, 2026 (§ 8811(a)): retention withheld by an owner from the direct contractor, by the direct contractor from any subcontractor, and by a subcontractor from any lower-tier subcontractor shall not exceed 5 percent of the payment, and total retention shall not exceed 5 percent of the contract price (§ 8811(b)(1)(A)-(B)); a lower tier may not be held to a higher percentage than the owner-direct contractor contract specifies (§ 8811(b)(1)(C)). Two exceptions: a subcontractor that, after written notice before or at the bid request that a performance and payment bond is required, fails to furnish one from an admitted surety insurer (§ 8811(b)(2)); and residential projects that are not mixed-use and do not exceed four stories (§ 8811(b)(3)). The prevailing party in an action to enforce § 8811 recovers reasonable attorney's fees (§ 8811(c)). Contracts entered into before January 1, 2026 carry no statutory percentage cap. Civ. Code § 8812(c): in a good faith dispute the owner may withhold from final payment an amount not in excess of 150 percent of the disputed amount; § 8814(c) applies the same 150 percent limit to a direct contractor withholding from a subcontractor. It is against public policy to waive Article 2 (§§ 8810-8822) by contract (§ 8820). | 45 days from when?Within 45 days after completion of the work of improvement the owner must pay the retention to the direct contractor. If part of the work will become the property of a public entity, the owner may condition payment of the retention allocable to that part on the public entity's acceptance. | 5% (what it covers)Pub. Contract Code § 7201(b)(1): retention proceeds withheld by a public entity from the original contractor, by the original contractor from any subcontractor, and by a subcontractor from any lower-tier subcontractor shall not exceed 5 percent of the payment, and total retention shall not exceed 5 percent of the contract price; a lower tier may not be held to a higher percentage than the public entity holds from the original contractor. Two exceptions: (i) a subcontractor that, after pre-bid written notice under § 4108(c), cannot or will not furnish a performance and payment bond (§ 7201(b)(2)); and (ii) projects the awarding entity finds, before bid and with the basis explained in the bid documents, to be 'substantially complex' (§ 7201(b)(3)-(5)). § 7201 applies to contracts entered into on or after January 1, 2012; no party may require another to waive it (§ 7201(c)). | 60 days from when?Within 60 days after the date of completion of the work of improvement the retention withheld by the public entity must be released; in a dispute the entity may withhold from final payment not more than 150 percent of the disputed amount. 'Completion' means occupation/beneficial use with cessation of labor, acceptance by the agency, a 100-day cessation of labor beyond the contractor's control, or a 30-day cessation with a recorded notice of cessation or completion (§ 7107(c)). A state agency retaining an amount equal to or less than 125 percent of the estimated value of the remaining work has 90 days (§ 7107(g)). | 2026-09-23 | |
| Colorado | 5% (what it covers)C.R.S. § 38-46-103(1) (added by HB21-1167): 'A property owner, contractor, or subcontractor shall not withhold as retainage more than five percent of the price of the work completed under the contract or subcontract.' Article 46 applies to a contract with a price of at least $150,000 between a property owner and a contractor, and to any subcontract or supply agreement under such a contract even if its own price is below $150,000 (§ 38-46-102(1)). It does not apply to a single contract governing the building of one single-family dwelling or one multifamily dwelling with no more than four family dwelling units, or to a contract with a public entity as defined in § 24-91-102(3) (§ 38-46-102(2)). HB26-1311 adds § 38-46-103(1)(b): in lieu of retainage, a subcontractor or contractor may tender a retainage bond of up to five percent of the money it has earned, and the property owner, contractor or subcontractor shall accept a compliant bond and release the retainage it covers; the bond option does not apply to a contract that concerns property owned by a public entity, including a public-private partnership. HB26-1311 applies to contracts created on or after its effective date. | See the ruleNot regulated. C.R.S. § 38-46-103(2) states that article 46 'addresses only the amount of retainage that may be withheld' and does not change, override or invalidate contract provisions on timing of payment (including final payment), satisfactory-performance requirements, backcharges, or pay-if-paid style conditions precedent. | 5% (what it covers)C.R.S. § 24-91-103(1)(a): for a contract exceeding $150,000 for the construction, alteration or repair of any highway, public building, public work, public improvement, structure or system, the public entity 'shall pay at least ninety-five percent of the calculated value of completed work' in monthly partial payments, so long as the contractor is satisfactorily performing. Article 91 does not apply where federal or other funding-source retention requirements are inconsistent with it (§ 24-91-110). | 60 days from when?The withheld percentage may be retained until the contract is completed satisfactorily and finally accepted by the public entity; the public entity must then make final settlement in accordance with C.R.S. § 38-26-107 within 60 days after the contract is completed satisfactorily and finally accepted. | Public: C.R.S. § 24-91-103. | 2026-09-22 |
| Connecticut | 5% (what it covers)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. | 30 days from when?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. | 7.5% (what it covers)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. | 90 days from when?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. | Private: Conn. Gen. Stat. § 42-158k. Public: Conn. Gen. Stat. § 49-41b. | 2026-09-22 |
| Delaware | See the ruleNo statutory cap and no statutory release deadline. Delaware's Building Construction Payments chapter expressly preserves contractual retainage: 6 Del. C. § 3506(a)(3) says the required payment clause 'shall not be construed to impair the right of the owner to include in its contracts provisions which permit the owner to retain a specified percentage of each progress payment otherwise due to a contractor for satisfactory performance under the contract without incurring any obligation to incur an interest penalty, in accordance with the terms and conditions agreed to by the parties'; § 3506(d) says the same for contractor-to-subcontractor retainage and § 3507(c) repeats it. Where payment is withheld, written notice of the reason must be given within 7 days of the date payment was required. | See the ruleNot regulated for retainage specifically. The chapter's general deadlines are: owner pays the contractor within 30 days of the end of the billing period (§ 3506(a)(1)); if the contract is silent, the owner pays all undisputed amounts within 30 days after the end of the billing period or 30 days after delivery of the invoice, whichever is later (§ 3507(c)); and a general, prime or subcontractor pays undisputed amounts owed to its subcontractors and suppliers within 15 days after receiving each payment (§ 3507(d)). | 5% (what it covers)29 Del. C. § 6962(d)(5)a.1 (large public works contracts): 'The percentage retained shall be 5% of the value of the work completed by the contractor under the contract.' The percentage must be stated in the bidding documents and incorporated into the contract. The agency may at its option retain only a small amount and pay out portions it deems equitable (§ 6962(d)(5)a.2), and may forfeit all or part of retainage if the contractor causes delay past the scheduled completion date (§ 6962(d)(5)a.3). A separate DelDOT rule at § 6962(c)(12)c.2.B lets a contractor below the minimum performance rating bid if it accepts variable retainage not exceeding 5%. | 60 days from when?On completion of the work under the contract the agency may release 60% of the amount then retained; the balance is held until all reports required by the contract are received, all subcontractors in trades listed on the bid form are paid (the agency may withhold 150% of a disputed amount), and final payment is authorized by the agency (§ 6962(d)(5)). Under 29 Del. C. § 6516(f)(3), the retainage is paid to the contractor within 60 days after completion or the filing of notice of completion of the contract, or within 30 days of a required federal agency's final approval or certification; holding it longer than 60 days after final completion and acceptance requires the agency's written finding, furnished within 10 days, and after 60 days the agency may keep no more than 150% of the expenses that finding identifies. | Private: 6 Del. C. § 3506; § 3507. | 2026-09-22 |
| District of Columbia | See the ruleNo District statute caps retainage on private construction. The Private Contractor and Subcontractor Prompt Payment Act (D.C. Code §§ 27A-101 to 27A-106, D.C. Law 20-34) counts retainage as part of the 'undisputed amount' an owner must pay on time: an 'undisputed amount' is an amount owed for which there is no good-faith dispute, 'including any retainage withheld' (§ 27A-101(5)). The Act's 'owner' does not include a District agency (§ 27A-101(4)). | See the ruleOnce retainage is an undisputed amount owed, the owner pays it on the Act's schedule: within 7 days after the date or time the contract specifies (§ 27A-102(c)) or, if the construction contract sets no payment dates, within the earliest of 15 days after the occupancy permit is granted, 15 days after the owner takes possession, or 15 days after the owner receives the contractor's payment request (§ 27A-102(a)). A contractor or subcontractor pays its subcontractor's undisputed amounts within 7 days after receiving payment for that work (§ 27A-104(a)). | 10% (what it covers)D.C. Code § 2-203.01 (Retents): on all contracts made by the District of Columbia for construction work, a retent of 10 per centum of the total amount of any payments is withheld until completion and acceptance of the work, as a guaranty fund for performance. Once 50 per centum of the work has been completed and paid for, the Mayor may, in his sole discretion, authorize later payments without the 10% retent or with a smaller one, and when the work is substantially complete may release any amount retained in excess of what is adequate. The Quick Payment Act (D.C. Code § 2-221.02) governs required payment dates and interest penalties for District agency contracts. | See the ruleCompletion and acceptance of the work (§ 2-203.01); at substantial completion the Mayor may release any amount retained in excess of what is adequate. The Code sets no day count for the release itself. | 2026-09-22 | |
| Florida | See the ruleNo statutory percentage cap for private work. Fla. Stat. § 715.12(7)(a) permits an owner and contractor to 'agree to a provision that allows the owner to withhold a portion of each progress payment until substantial completion of the entire project', and § 715.12(7)(b) allows any obligor and obligee to agree to withholding until completion of the entire project. Section 715.12 applies only to written contracts to improve real property entered into after December 31, 1992 for which a construction lien is authorized under part I of chapter 713 (§ 715.12(2)). | 14 days from when?The owner must pay the balance of the contract price, including the amounts withheld from progress payments, within 14 days after any of: (1) an architect or engineer certifies substantial completion under the contract and the contractor substantially completes the items on the owner's written punchlist; (2) issuance of a certificate of occupancy plus punchlist completion; or (3) the owner or its tenant takes possession plus punchlist completion. If the contract sets no time for the owner to deliver the punchlist, that period is 15 days from the certificate of substantial completion, the certificate of occupancy, or possession, whichever occurs first; if no punchlist is given in time, interest begins 14 days after that first event. For phased projects the subsection applies to each phase. | 5% (what it covers)For state and other public entities, Fla. Stat. § 255.078(1): 'With regard to any contract for construction services, a public entity may withhold from each progress payment made to the contractor an amount not exceeding 5 percent of the payment as retainage.' It does not apply to construction services paid for in whole or part with federal funds subject to contrary federal requirements (§ 255.078(5)), nor to construction services whose total contract cost is $200,000 or less (§ 255.078(6)); a 2020 note provides that the 2020 amendments to §§ 255.05 and 255.078 do not apply to contracts executed under chapter 337. Local governmental entities: Fla. Stat. § 218.735(8)(a) imposes the same 5 percent ceiling. The 20-business-day release rule is in Fla. Stat. § 255.077(4). | 20 days from when?Punchlist-driven. The contract must provide for developing a list of incomplete items within 30 calendar days after substantial completion (up to 45 by contract for projects of $10 million or more). Within 20 business days after developing the list, and after receipt of a proper invoice or payment request, the entity must pay the remaining contract balance including retainage, less 150 percent of the estimated cost to complete the listed items; on completion of the list the contractor may request the rest. If the entity fails to develop the list on time, the contractor may bill for all remaining retainage and must be paid within 20 days (§ 255.077(9)) or 20 business days (§ 218.735(7)(j)). | 2026-09-22 | |
| Georgia | Not yet verified | |||||
| Hawaii | No statewide statuteNo statewide statute governing retainage on private construction projects was located. Hawaii's retainage provisions sit in HRS chapter 103 (Expenditure of Public Money and Public Contracts) and operate through the 'procurement officer' on a 'public contract'. | No statewide statute | 5% (what it covers)HRS § 103-32.1(c)(1): the sum withheld by the procurement officer from the contractor shall not exceed five per cent of the total amount due the contractor, and after fifty per cent of the contract is completed and progress is satisfactory no additional sum shall be withheld; if progress is not satisfactory the procurement officer may continue to withhold sums not exceeding five per cent. Retainage does not include sums deducted as liquidated damages (§ 103-32.1(c)(2)). Down the chain: where a subcontractor gives the contractor an acceptable performance and payment bond, other acceptable bond, or other acceptable collateral, the contractor may withhold no more than the same retainage percentage as the contractor's own (§ 103-32.1(d)); absent that, the contractor or subcontractor may negotiate to retain without cause up to ten per cent of each progress payment to a subcontractor (§ 103-32.1(e)(1)), subject to subsection (d). Any retainage is held by the procurement officer (§ 103-32.1(a)). | Not in our verified record | Public: Haw. Rev. Stat. § 103-32.1. | 2026-09-29 |
| Idaho | 5% (what it covers)Idaho Code § 29-115(2): on any contract relating to the construction of a private work of improvement, retention withheld by the owner from the original contractor, or by the original contractor from any subcontractor, shall not exceed 5% of any payment, and total retention shall not exceed 5% of the contract price. The 5% maximum does not apply if the original contractor or subcontractor fails to provide a performance bond from a surety acceptable to the owner or original contractor when asked for one, or to a contract for residential real property of one to four units occupied or to be occupied by the owner. The section applies to contracts between owners and original contractors entered into on or after July 1, 1990 (§ 29-115(1)), and a party may not require another to waive it (§ 29-115(7)). | 35 days from when?Final completion of the work of improvement: the owner releases retention within 35 days, and may withhold up to 150% of the estimated value of an issue in dispute and condition the final release on lien waivers (§ 29-115(3)). The original contractor pays each subcontractor its share within 10 days of receiving retention, less up to 150% of the value of a bona fide dispute (§ 29-115(4)-(5)). | 5% (what it covers)Idaho Code § 54-1926(3): a public body that requires a performance or payment bond above 50% of the contract amount may not withhold more than 5% of the total amount payable as retainage, and the same 5% limit applies to what a contractor withholds from a subcontractor. Public works contracts of $50,000 or more require performance and payment bonds of at least 85% of the contract amount (§ 54-1926(1)-(2)). | 30 days from when?Acceptance of the completed portion of the project by the public body and the contractor; a contractor must pay a subcontractor's retainage within 30 days after the subcontract is completed. | Private: Idaho Code § 29-115. Public: Idaho Code § 54-1926(3). | 2026-09-29 |
| Illinois | 10% (what it covers)815 ILCS 603/20 permits retainage of up to 10% of any payment made before the contract is 50% complete; when the contract is 50% complete the retainage already withheld must be reduced so that no more than 5% is held, and no more than 5% of any later payment may be held. Section 20 states no release trigger and no release deadline; the release timing is in 815 ILCS 603/10. | See the ruleA request for release of retainage is a payment application under 815 ILCS 603/5. Under 815 ILCS 603/10(1) the owner pays it within 15 calendar days after approval, and it is deemed approved 25 days after the owner receives it unless the owner provides a written statement of the amount withheld and the reason; under 603/10(2) retainage monies received are passed to a subcontractor whose work has been accepted within 15 calendar days. | 10% (what it covers)30 ILCS 550/1 (Public Construction Bond Act): before a public works contract is 50% complete, a local governmental unit may not withhold retainage above 10% of any payment to a contractor who furnishes the required bond; at 50% completion it must reduce retainage so that no more than 5% is held, and no more than 5% of later payments may be withheld. Contractors and subcontractors are held to the same 10% and 5% limits toward their subcontractors. From June 1, 2027 (P.A. 104-168) the limits also bind the State, except the Department of Transportation, and a State agency may withhold retainage only when it finds that satisfactory progress has not been achieved. The section sets no release deadline. | Not in our verified record | 2026-09-29 | |
| Indiana | Not in our verified record | Not in our verified record | 6% (what it covers)Ind. Code § 36-1-12-14(c): on local public work contracts over $200,000 the board withholds either no more than 6% of the value of work satisfactorily completed until the work is 50% complete and nothing further after that, or no more than 3% until the work is substantially complete. State agencies choose between the same two options under IC 5-16-5.5-3.5. Both were set by P.L. 28-2025 (before that, 10% and 5%). At the contractor's option retainage is held by the board or placed in an escrow account, and the board owes no interest on retainage it holds. | 61 days from when?Substantial completion of the public work; an amount equal to 200% of the value of each uncompleted minor item may be held until the item is finished. | 2026-09-29 | |
| Iowa | No statewide statuteNo statewide statute caps retainage on private Iowa construction projects. Iowa Code ch. 573, the retainage chapter, is limited by its own definitions to a 'public corporation' (the state, counties, cities, public school corporations and other bodies empowered to contract for public improvements) and to a 'public improvement' paid for from public funds. | No statewide statute | 3% (what it covers)Reduced from 5% to 3% by 2025 Iowa Acts ch. 29 (S.F. 574), effective 1 July 2025. The 3% ceiling applies both to what the public corporation retains from the contractor and to what the contractor retains from a subcontractor (the lesser of 3% or the subcontract figure). § 573.13 repeats that the retained percentage 'in no case shall be more than three percent'. | 30 days from when?Retained fund is held for 30 days after completion and final acceptance of the improvement; if no claims are on file at the end of that period the entire unpaid fund is released to the contractor. Separately, at any time after the work is substantially completed the contractor may request early release under § 573.28, and approved retained funds must be paid at the next monthly payment or within 30 days, whichever is sooner. | 2026-09-22 | |
| Kansas | 5% (what it covers)5% default ceiling, which the owner or contractor may raise to a maximum of 10% if a higher rate 'is required to ensure performance of the contract'; the owner may also increase retainage up to 10% if the contractor or subcontractor has failed to meet the contract terms, is behind schedule, or there are workmanship problems. Subsection (i) caps withholding at 10% of any undisputed payment due. | 30 days from when?Owner must release all remaining retainage on any undisputed payment due within 30 days after substantial completion of the project; if a contractor or subcontractor is still working, the owner may hold the portion attributable to that work until 30 days after it is completed. 'Substantial completion' is defined in K.S.A. 16-1802(i). | 5% (what it covers)Same structure as the private act: 5% default, raisable to a maximum of 10% where a higher rate is required to ensure performance, or where the contractor or subcontractor has failed to meet the contract terms, is behind schedule or shows poor workmanship. | 30 days from when?Owner, contractor or subcontractor must release all remaining retainage on any undisputed payment due within 30 days after substantial completion of the project, as part of the regular payment cycle; retainage attributable to work still being performed may be held until 30 days after that work is completed. | 2026-09-22 | |
| Kentucky | 10% (what it covers)KRS 371.410: a contracting entity, contractor or subcontractor may withhold no more than 10% retainage until the construction project is 50% complete, and retainage held after 51% completion may not exceed 5% of the total contract amount. On release the payer may hold back 200% of the estimated cost of the remaining work, and retainage received must be passed down within 15 business days. 2025 Ky. Acts ch. 156 (SB 76) raised the threshold for the escrow accounts KRS 371.160 requires on real estate improvement contracts from $500,000 to $2,000,000, and amended KRS 371.405 so that no provision of KRS 371.160 can be waived by contract. | 30 days from when?Substantial completion of the construction project. | 10% (what it covers)KRS 371.410: a contracting entity, contractor or subcontractor may withhold no more than 10% retainage until the construction project is 50% complete, and retainage held after 51% completion may not exceed 5% of the total contract amount. On release the payer may hold back 200% of the estimated cost of the remaining work, and retainage received must be passed down within 15 business days. | 30 days from when?Substantial completion of the construction project. | 2026-09-22 | |
| Louisiana | Not in our verified record | Not in our verified record | 10% (what it covers)La. R.S. 38:2248(A): a public works contract may not let the public entity withhold more than 10% of the contract price on projects under $500,000, or more than 5% on projects of $500,000 or more, until 45 days after recordation of formal acceptance of the work or notice of default. The public entity may not withhold more than the value of the punch list (§ 38:2248(B)(1)). These provisions cannot be waived and do not apply to the Department of Transportation and Development (§ 38:2248(B)(3)). | 45 days from when?Expiration of 45 days after recordation of formal acceptance of the work (or notice of default); completed punch-list items are paid when the 45-day lien period expires. | Public: La. R.S. 38:2248. | 2026-09-29 |
| Maine | See the ruleMaine's construction-contract chapter sets no percentage ceiling on retainage: it regulates only when retainage must be paid out. The chapter applies to any 'construction contract' for work on real property, but not to contracts entered into by the Department of Transportation (§ 1112) and not to a person buying materials for work on that person's own real property (§ 1120). | 30 days from when?Amounts retained during performance and due to be released on completion must be paid within 30 days after final acceptance of the work. | 5% (what it covers)For State public improvement contracts, 5 M.R.S. § 1746 requires the State to withhold 5% of money due the contractor until the project has been accepted, with discretion to reduce the amount withheld after substantial completion on request. Chapter 201-A of Title 10 also applies to public owners because its definition of 'owner' (10 M.R.S. § 1111(6)) expressly includes the State, municipalities, school districts and school administrative districts, so the 30-day release rule of 10 M.R.S. § 1116 covers public work too, except Department of Transportation contracts. | 30 days from when?5 M.R.S. § 1746: the 5% is withheld 'until the project under the contract has been accepted by or for the State', and after substantial completion the State may, on request, further reduce the amounts withheld if it deems that desirable and prudent. 10 M.R.S. § 1116(1): retainage must be paid within 30 days after final acceptance of the work. | 2026-09-22 | |
| Maryland | 5% (what it covers)The 5% ceiling applies where the contractor has furnished 100% performance security and 100% payment security; it caps both the retention across the contract and the retention from any single payment. The section does not apply to a contract under $100,000 or to a project funded wholly or partly by or through the Department of Housing and Community Development. Amounts beyond retainage may still be withheld for reasonable grounds relating to performance. | 90 days from when?Undisputed retention proceeds retained by an owner must be paid within 90 days after the date of substantial completion, as substantial completion is defined by the applicable contract or subcontract. | 5% (what it covers)Where the contractor has furnished 100% payment security and 100% performance security, 'the percentage specified in the contract for retainage may not exceed 5% of the total amount of the contract'. Public bodies may still withhold additional amounts reasonably believed necessary to protect the public body's interest. State procurement units and the Maryland Transportation Authority are governed by the parallel § 13-225, which also permits retainage to be placed in an interest-bearing escrow under § 15-108 with interest paid pro rata. | 120 days from when?Within 120 days after satisfactory completion of a contract for construction the public body must release any retainage due; if there is a dispute or contract claim about satisfactory completion, within 120 days after the dispute or claim is resolved. | 2026-09-22 | |
| Massachusetts | Not yet verified | |||||
| Michigan | Not in our verified record | Not in our verified record | 10% (what it covers)MCL 125.1563(2) limits retainage to not more than 10% of the dollar value of all work in place until the work is 50% in place; after 50% in place no additional retainage may be withheld unless the public agency determines that the contractor is not making satisfactory progress. | See the ruleExcept as provided in section 4(7) and (8) of the Act, retainage and the interest earned on it are released to the contractor together with the final progress payment. | Public: MCL 125.1563 (1980 PA 524). | 2026-09-22 |
| Minnesota | 5% (what it covers)'Retainage on a building and construction contract may not exceed five percent.' Nothing requires retainage to be withheld at all, and an owner may reduce or eliminate it if work is progressing satisfactorily, but if the owner reduces its rate the contractor must reduce subcontractor retainage at the same rate. Withholding retainage for warranty work is prohibited. The subdivision does not apply to a public agency as defined in § 15.71, subd. 3, or to contracts for professional services under §§ 326.02–326.15. | 60 days from when?All retainage must be released no later than 60 days after substantial completion, with 'substantial completion' determined as provided in § 541.051, subd. 1(a). After substantial completion the owner may still withhold up to 250% of the cost to correct or complete work known at that time (payable within 60 days after that work is completed) plus 1% of contract value or $500, whichever is greater, pending final paperwork (payable within 60 days after the paperwork is submitted). | 5% (what it covers)A public contracting agency 'may reserve as retainage from any progress payment on a public contract for a public improvement an amount not to exceed five percent of the payment', and may reduce or eliminate it if the work is progressing satisfactorily. Withholding retainage for warranty work is prohibited. For federally or state-aided projects the agency need not pay the aided portion until the aid is received. | 60 days from when?All retainage must be released no later than 60 days after substantial completion ('substantial completion' per § 541.051, subd. 1(a); for street and highway work including bridges, the date when construction-related traffic devices and ongoing inspections are no longer required). After substantial completion the agency may still withhold up to 250% of the cost to correct or complete known work, plus 1% of contract value or $500, whichever is greater, pending final paperwork, each payable within 60 days. | Private: Minn. Stat. § 337.10, subd. 4. Public: Minn. Stat. § 15.72, subd. 2. | 2026-09-22 |
| Mississippi | 5% (what it covers)Mississippi enacted a private-project retainage cap in 2024. No more than 5% of the estimated amount of work properly done (plus the value of materials stored on site or suitably stored and insured off-site) may be retained, at every tier: owner from contractor, contractor from subcontractor, subcontractor from sub-subcontractor or supplier. The 5% applies to all items of work required to achieve final completion. The section does not apply to residential homebuilding, improvements intended for residential purposes of 16 or fewer units, contracts of $10,000 or less, or contracts awarded by the State or any political subdivision. The rights created cannot be waived by oral or written agreement. | 60 days from when?The owner must release and pay retainage to the contractor no later than 60 days after the final completion of the contractor's work, provided all necessary certificates of occupancy have been issued. 'Final completion' is defined as the stage at which all work is complete in accordance with the contract, including punch list items, contractual close-out documents, equipment manuals, warranty documents and other like required deliverables. Contractors and subcontractors release down the chain per Miss. Code § 87-7-5. | 5% (what it covers)Retainage on a state or political-subdivision construction contract 'shall be five percent (5%)', and the amount a prime retains from a subcontractor may not exceed the percentage the public body withholds from the prime. On a contract of $250,000 or more (or any subcontract, regardless of amount) 5% is retained until the work is at least 50% complete, on schedule and satisfactory in the architect's and/or engineer's opinion, at which point half of the retainage held to date is returned and future retainage drops to 2.5%. The section does not apply to Mississippi Transportation Commission road and bridge contracts. | Not in our verified record | 2026-09-22 | |
| Missouri | 10% (what it covers)Mo. Rev. Stat. § 436.303: a private construction contract may provide for retainage of a portion of any payment due from the owner to the contractor, not to exceed ten percent of the amount of the payment due; the contract may let the owner retain additional sums if the contractor's performance is not in accordance with it. Retainage is held by the owner in trust for the contractor and its subcontractors, sub-subcontractors and suppliers at every tier who are not in default. A contractor may not withhold from a subcontractor more retainage than the owner withholds from the contractor for that subcontractor's work, unless the subcontractor's performance is not in accordance with the subcontract (§ 436.315). Sections 436.300 to 436.336 apply to contracts entered into after August 28, 2002, on all private construction projects except single-family residential construction and other residential construction of four or fewer units (§ 436.336); a contract formed after that date is unenforceable to the extent it is inconsistent with them (§ 436.333). | 30 days from when?Within thirty days of the project reaching substantial completion, the owner releases all retainage or substitute security to the contractor, less 150 percent of the cost to complete any remaining items; the contractor then releases each subcontractor's share within seven days of receiving it (§ 436.324). Substantial completion is the earlier of the architect's or engineer's certificate of substantial completion or the owner's acceptance of the performance of the full contract (§ 436.327). | 5% (what it covers)'Retainage withheld on any construction contract or subcontract for public works projects shall not exceed five percent of the value of the contract or subcontract.' Where no bond is required under § 107.170 because the contract is not estimated to exceed $50,000, the public owner may withhold up to 10%. A public owner may reduce or eliminate retainage on any payment if the work is proceeding satisfactorily, and where a subcontractor's work is complete the contractor may request an adjustment so the sub can be paid in full before substantial completion. | 30 days from when?The public owner must pay at least 98% of the retainage, less authorized offsets, and payment to the subcontractor or supplier follows substantial completion of the contract work and acceptance by the public owner's authorized contract representative; that payment is due within 30 days after acceptance once the invoice and required documentation are in complete and acceptable form. If the owner decides the work is not substantially complete and accepted, it must give a written explanation within 14 calendar days; if it does not, it must pay at least 98% of the retainage within 30 calendar days. Where minor items remain, 150% of the value of each item may be withheld until completed. Final payment of all money owed, including retainage, is due within 30 days of the due date. | 2026-09-22 | |
| Montana | 5% (what it covers)Flat 5% ceiling on any construction contract subject to Title 28, ch. 2, part 21. Part 21 covers both private and governmental owners; it does not apply to residential projects/improvements intended for residential purposes costing less than $400,000 (28-2-2107). | See the ruleFinal acceptance of each portion of work for which a separate price is stated in the construction contract. The statute sets no day count for releasing retainage; the general payment clock in 28-2-2103 is 7 days after a payment request is approved (a request is deemed approved 21 days after receipt absent written disapproval). | 5% (what it covers)Mont. Code Ann. § 18-2-316(1): the maximum retainage on construction contracts administered by the state of Montana or any department, agency or political subdivision of the state, by any county, municipality or political subdivision of either, or by a school district may not exceed 5% if the contractor is performing by the terms of the contract; the percentage a government entity withholds from the contractor is the most the contractor may withhold from a subcontractor (§ 18-2-316(2)). Local government owners are also covered by Title 28, ch. 2, part 21, whose 5% ceiling (§ 28-2-2110) applies to a 'government entity', defined as a city, town, county, consolidated municipal-county government, school district or other special district (§ 28-2-2101(3)); the state and its agencies are not in that definition. Part 21 does not apply to residential projects costing less than $400,000 (§ 28-2-2107). | 30 days from when?On a contract for the construction of a building, the government entity decides on final acceptance within 10 days after the contractor requests it, and makes final payment of the contract price within 30 days after final acceptance, unless the law or the contract provides otherwise (§ 18-2-306(1)); late payment carries interest (§ 18-2-306(2)). Under part 21, retainage on local work is released on final acceptance of each separately priced portion of the work (§ 28-2-2110). | Private: Mont. Code Ann. § 28-2-2110. | 2026-09-22 |
| Nebraska | 10% (what it covers)Retainage may not exceed the amount stated in the contract and in no case a rate of 10%. The cap and the step-down at 50% completion are in Neb. Rev. Stat. § 45-1204; the 45-day release and the 10-day pass-down to subcontractors are in the companion § 45-1203. | 45 days from when?Substantial completion of the project or a designated portion of it. Separately, once the withheld party's scope of work is 50% complete and it has performed in accordance with the contract, no more than 5% of any additional progress payment may be withheld if it gives satisfactory and reasonable assurances of continued performance and financial responsibility. | 10% (what it covers)Retainage may not exceed the amount stated in the contract and in no case a rate of 10%. The Act reaches political subdivisions but expressly excludes contracts for the State of Nebraska and federal-aid or state-aid projects of a political subdivision on which the state pays the contractor, so State of Nebraska contracts are outside it. The cap and the step-down at 50% completion are in Neb. Rev. Stat. § 45-1204; the 45-day release and the 10-day pass-down to subcontractors are in the companion § 45-1203. | 45 days from when?Substantial completion of the project or a designated portion of it. Separately, once the withheld party's scope of work is 50% complete and it has performed in accordance with the contract, no more than 5% of any additional progress payment may be withheld if it gives satisfactory and reasonable assurances of continued performance and financial responsibility. | 2026-09-22 | |
| Nevada | 5% (what it covers)Where the agreement authorizes retention, the owner may withhold a retention amount not exceeding 5 percent of the amount of the payment to be made. Applies to agreements between an owner (owner or lessee of real property) and a prime contractor for a work of improvement. | 30 days from when?Occupancy or use of the work of improvement by the owner (or someone acting with the owner's authority), or the availability of the work of improvement for its intended use (with written notice of availability or a certificate of occupancy). | 5% (what it covers)5% of each progress payment is withheld until 50% of the work is performed. After 50%, if the public body keeps withholding: not more than 2.5% of any progress payment (and it must first pay the contractor 50% of the retainage already withheld) unless it is also withholding under NRS 338.525, in which case not more than 5%. | 30 days from when?Occupancy or beginning of use of the public work or a portion of it by the public body, recording of a notice of completion under NRS 108.228, or partial occupancy of one or more buildings. | 2026-09-22 | |
| New Hampshire | Not yet verified | |||||
| New Jersey | See the ruleNew Jersey's Prompt Payment Act regulates when retainage must be paid but sets no cap on the percentage that may be retained on a private project. 'Billing' is defined to include a 'request for release of retainage'. | 30 days from when?Approval and certification of the billing (which includes a request for release of retainage) by the owner or the owner's authorized approving agent; a billing is deemed approved and certified 20 days after the owner receives it unless the owner gives a written statement of the amount withheld and the reason. | 2% (what it covers)For local contracting units, where the contractor has agreed to the withholding of payments under N.J.S.A. 40A:11-16.1, 2% of the amount due on each partial payment is withheld pending completion. Applies to contracts over $100,000 for construction, reconstruction, alteration, repair or maintenance of a building, structure, facility or other improvement (N.J.S.A. 40A:11-16.2). | 45 days from when?Acceptance of the work: the final acceptance date agreed upon by the contractor and the contracting unit. | Public: N.J.S.A. 40A:11-16.3 (Local Public Contracts Law). | 2026-09-22 |
| New Mexico | 0% (what it covers)NMSA 1978, § 57-28-5(E): when making payments, an owner, contractor or subcontractor may not retain, withhold, hold back or in any other manner not pay amounts owed for work performed. The 2007 amendment (effective June 15, 2007) removed the retainage provisions, renamed the Retainage Act the Prompt Payment Act and repealed §§ 57-28-4, 57-28-6, 57-28-9 and 57-28-10. The Act does not apply to construction contracts for residential property containing four or fewer dwelling units (§ 57-28-3). | See the ruleNot applicable: nothing may be retained (§ 57-28-5(E)). Amounts remaining due are paid ten days after certification of completion, on presentation of a release and certified voucher, any required release of claims and liens, and proof of completion (§ 57-28-8). | 0% (what it covers)NMSA 1978, § 57-28-5(E): when making payments, an owner, contractor or subcontractor may not retain, withhold, hold back or in any other manner not pay amounts owed for work performed. The 2007 amendment (effective June 15, 2007) removed the retainage provisions, renamed the Retainage Act the Prompt Payment Act and repealed §§ 57-28-4, 57-28-6, 57-28-9 and 57-28-10. The Act does not apply to construction contracts for residential property containing four or fewer dwelling units (§ 57-28-3). 'Owner' includes a local public body or state agency other than the Department of Transportation (§ 57-28-2). | See the ruleNot applicable: nothing may be retained (§ 57-28-5(E)). Amounts remaining due are paid ten days after certification of completion, on presentation of a release and certified voucher, any required release of claims and liens, and proof of completion (§ 57-28-8). | 2026-09-29 | |
| New York | 5% (what it covers)By mutual agreement an owner may retain no more than 5% of the contract sum; a contractor or subcontractor may also retain no more than 5%, and in no case more than the percentage the owner actually retains. | 30 days from when?Final approval of the work under the construction contract. | 5% (what it covers)A public owner retains not more than 5% of each progress payment, but may retain more than 5% and up to 10% if it does not require the contractor to furnish both a performance bond and a labor and material bond in the full amount of the contract. A contractor may retain the same percentages from subcontractors. | See the ruleSubstantial completion: within 45 business days of substantial completion the public owner submits a written punch list, then approves and pays the remaining contract balance less two times the value of any remaining items to be completed; as those items are completed the owner promptly pays for them on requisition. | Public: N.Y. Gen. Mun. Law § 106-b. | 2026-09-22 |
| North Carolina | See the ruleNo North Carolina statute caps retainage on private construction. The only statutory limit is a pass-through rule: under G.S. 22C-4 a contractor may withhold from a subcontractor 'a reasonable amount for retainage not to exceed the initial percentage retained by the owner'. Chapter 22C does not apply to residential contractors as defined in G.S. 87-10(1a), or to residential improvements of 12 or fewer units (G.S. 22C-6). | 7 days from when?The contractor's receipt of each periodic or final payment from the owner. The seven-day deadline is for paying subcontractors; Chapter 22C sets no date for the owner's release of retainage. | 5% (what it covers)No retainage at all is allowed where total project costs are under $100,000. At or above $100,000 the owner may not retain more than 5% of any periodic payment. Applies to public construction contracts let by the State or any political subdivision, except contracts let by the Department of Transportation under G.S. 136-28.1. | 60 days from when?Submission of a pay request plus either the owner's receipt of a certificate of substantial completion from the architect/engineer/designer, or the owner's beneficial occupancy or use of the project. | Public: N.C. Gen. Stat. § 143-134.1(b1). | 2026-09-22 |
| North Dakota | 10% (what it covers)Applies to contracts between persons for work to be done by a contractor, except contracts subject to N.D.C.C. § 40-22-37 or § 48-01.2-13 (public improvements) or governed by federal retention rules. | See the ruleThe 10% retention is allowable only until the project is 50% complete; after that no further retainage may be taken on estimates during the contract. The statute sets no release deadline for the amount already retained. | 10% (what it covers)Ten percent of each partial payment estimate until the project is 50% complete, then no further retainage unless unsatisfactory progress or performance is documented. At 95% completion the governing body may pay up to 95% of the amount retained from previous estimates. | See the ruleNo fixed release deadline for retainage. Final payment of all moneys due follows completion of all work, acceptance of the project by the governing body, and provision of necessary releases; the remaining retained amount is paid in the amounts and at the times approved by the architect or engineer. | Private: N.D.C.C. § 43-07-23. Public: N.D.C.C. § 48-01.2-13. | 2026-09-22 |
| Ohio | See the ruleNo Ohio statute caps retainage on private construction; ORC 4113.61 expressly leaves the retainage percentage to 'any retainage provision contained in the contract, invoice, or purchase order'. It governs only the speed with which payments and retainage move down the chain, and does not apply to construction or improvement of single-, two-, or three-family detached dwelling houses. | 10 days from when?The contractor's receipt of final retainage from the owner. The ten-day deadline is for passing retainage down to subcontractors and material suppliers; it does not set when the owner releases retainage. | 4% (what it covers)Since House Bill 96 took effect on September 30, 2025, partial payments for labor under a unit or lump sum price public improvement contract must be made 'at a rate of not less than ninety-six per cent' of the approved estimates: a maximum 4% retainage on labor, with no 50%-completion step. Stored materials are paid at 92% of invoice cost under ORC 153.14, with the balance paid when the material is incorporated into the work. No subcontract may be paid at a rate lower than the rate the public authority pays the contractor. The 96% floor is in ORC § 153.12; the 30-day release is in § 153.13 as in effect from September 30, 2025. | 30 days from when?Substantial completion, occupation, use, or acceptance of the major portion of the project (with no other reason to withhold retainage); the balance follows final completion. | Private: Ohio Rev. Code § 4113.61. | 2026-09-22 |
| Oklahoma | No statewide statuteNo 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'. | No statewide statute | 5% (what it covers)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. | 21 days from when?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. | 2026-09-22 | |
| Oregon | 5% (what it covers)An owner, contractor or subcontractor may withhold as retainage not more than five percent of the contract price of the work completed, on contracts for construction and home improvement. | 30 days from when?Completion of the work by the contractor and acceptance by the owner. The contractor notifies the party it is responsible to when it considers the work complete; that party has 15 days to accept the work or identify work still to be performed. | 5% (what it covers)A contracting agency may reserve as retainage from any progress payment on a public improvement contract an amount not to exceed five percent of the payment. Retainage a contractor or subcontractor withholds on public improvement contracts is governed by ORS 701.420 (also 5%). | 30 days from when?Final payment of the contract price. Retainage must be included in and paid as part of the final payment; interest runs from 30 days after the work is completed and accepted, with the same 15-day accept-or-notify mechanism. | Private: Or. Rev. Stat. § 701.420(1). | 2026-09-22 |
| Pennsylvania | Not in our verified record | Not in our verified record | 10% (what it covers)62 Pa.C.S. § 3921(a): a government agency may withhold no more than 10% of the amount due the contractor until the contract is 50% complete; at 50% completion half of the amount retained is returned to the contractor (with architect or engineer approval, satisfactory progress and no specific cause for greater withholding), and afterwards no more than 5% of the value of completed work may be withheld. Where the Department of General Services is the agency, the limits are 6% until 50% satisfactory completion and 3% of the original contract amount after that (§ 3921(b)). Where a prime contractor's claim against the agency rests on increased costs caused by delays or other actions of another prime contractor, additional retainage of one and one-half times the possible liability may be withheld unless the contractor causing the claim furnishes a satisfactory bond. The chapter applies to a contract exceeding $50,000 for construction and excludes Department of Transportation contracts under § 301(c)(1) (§ 3902). | 45 days from when?Substantial completion: after final inspection and the architect's or engineer's certificate, the agency pays in full within 45 days, less one and one-half times the cost of any remaining minor items. | 2026-09-29 | |
| Rhode Island | 5% (what it covers)R.I. Gen. Laws § 37-12-10.1(a) bars any contract for construction, as defined in § 5-65-1, from including retainage that exceeds five percent (5%) of any progress payment. A 'contract for construction' (§ 5-65-1(6)) is a contract for which a mechanics' lien may be established under chapter 28 of title 34, or for state or municipal public works, on a project whose original contract with the owner is at least $250,000; it does not include a project containing one to four dwelling units. So a private, lienable job of $250,000 or more is covered, and private homes of one to four units are not. Withholding on release is limited to 150% of the cost to complete plus 2.5% of the adjusted contract price, with 0.5% holdable for up to one year. | 30 days from when?Not earlier than 60 days after substantial completion (or the final resolution of a dispute), unless the contract provides for an earlier submission, a person may submit a written application for payment of retainage, which is paid within 30 days of submission; each tier below the owner may take 7 days longer than the tier above (§ 37-12-10.1(e)). Before that, the prime contractor gives notice of substantial completion within 14 days of reaching it, and the owner has 14 days to accept or reject (§ 37-12-10.1(b)-(c)). | 5% (what it covers)R.I. Gen. Laws § 37-12-10.1(a) bars any contract for construction, as defined in § 5-65-1, or for state or municipal public works projects, from including retainage that exceeds five percent (5%) of any progress payment; contracts under § 37-12-10 are excluded. A 'contract for construction' (§ 5-65-1(6)) is a contract for which a mechanics' lien may be established under chapter 28 of title 34, or for state or municipal public works, on a project whose original contract with the owner is at least $250,000; it does not include a project containing one to four dwelling units. Withholding on release is limited to 150% of the cost to complete plus 2.5% of the adjusted contract price, with 0.5% holdable for up to one year. The Rhode Island Department of Transportation is exempt from § 37-12-10.1 and may deduct up to 5% of the contract price (§ 37-12-10.1(m)). The companion § 37-12-10 lets an awarding authority retain not exceeding five percent (5%) of the contract price on public works, sewer and water-main contracts under $500,000. | 30 days from when?Not earlier than 60 days after substantial completion (or the final resolution of a dispute), unless the contract provides for an earlier submission, a person may submit a written application for payment of retainage, which is paid within 30 days of submission; each tier below the owner may take 7 days longer than the tier above (§ 37-12-10.1(e)). Before that, the prime contractor gives notice of substantial completion within 14 days of reaching it, and the owner has 14 days to accept or reject (§ 37-12-10.1(b)-(c)). | Public: R.I. Gen. Laws § 37-12-10.1. | 2026-09-22 |
| South Carolina | See the ruleNo statutory percentage cap on private work. The prompt-payment chapter (Title 29, ch. 6, art. 1) applies to commercial private projects and expressly permits withholding 'a reasonable amount for retainage,' but sets no number and no release deadline. Sec. 29-6-60 excludes residential homebuilders, residential improvements of 16 or fewer units, and owner-financed private improvements. | Not in our verified record | 3.5% (what it covers)Maximum 3.5% of each progress payment, and the same cap applies down the chain to subcontracts. This is the Consolidated Procurement Code, which governs state governmental bodies; local political subdivisions are generally outside Title 11 ch. 35. | 10 days from when?Certification that a division of the contract (each separate contractor's or subcontractor's scope on a multi-prime / multi-sub project) is complete; the allocable retainage must then be released 'forthwith' to the prime, who has 10 days to pass it to the subcontractor. | 2026-09-22 | |
| South Dakota | Not in our verified record | Not in our verified record | See the ruleNo percentage cap in the statute. SDCL 5-18B-11 instead requires the purchasing agency to retain from final payment 'an amount necessary to complete the improvement.' Interest is owed on retained amounts and on final payment once the contractor has furnished all required records and reports and an inspection has occurred. | 30 days from when?Completion and acceptance of the public improvement by the purchasing agency: final payment of any sums due, including the amount retained from it, is due within thirty days after completion and acceptance. Interest on retained amounts runs from thirty days after the work is completed. | 2026-09-29 | |
| Tennessee | 5% (what it covers)Tenn. Code Ann. § 66-34-203, as rewritten by 2020 Public Chapter 749 § 20: the owner may withhold a reasonable amount of retainage as specified in the written contract with the prime contractor, as long as the retainage amount does not exceed five percent (5%) of the amount of the contract. § 66-34-303 (PC 749 § 25) sets the same 5% limit between a prime contractor and a remote contractor. The ninety-day release rule of § 66-34-103(b) binds the owner 'whether public or private'. Section 66-34-104(a) requires retained funds to be deposited in a separate, interest-bearing escrow account with a third party; the section applies when the prime contract is $500,000 or more (§ 66-34-104(h)) and cannot be waived by contract (§ 66-34-104(i)). The act applies to contracts entered into, amended or renewed on or after July 1, 2020 (PC 749 § 42). | 90 days from when?Completion of the work, or substantial completion of the project, whichever occurs first. | 5% (what it covers)Tenn. Code Ann. § 66-34-203, as rewritten by 2020 Public Chapter 749 § 20: the owner may withhold a reasonable amount of retainage as specified in the written contract with the prime contractor, as long as the retainage amount does not exceed five percent (5%) of the amount of the contract. § 66-34-303 (PC 749 § 25) sets the same 5% limit between a prime contractor and a remote contractor. The ninety-day release rule of § 66-34-103(b) binds the owner 'whether public or private'. Section 66-34-104(a) requires retained funds to be deposited in a separate, interest-bearing escrow account with a third party; the section applies when the prime contract is $500,000 or more (§ 66-34-104(h)) and cannot be waived by contract (§ 66-34-104(i)). The act applies to contracts entered into, amended or renewed on or after July 1, 2020 (PC 749 § 42). The $300-a-day damages (§ 66-34-104(c)) and the misdemeanor (§ 66-34-103(e)) do not apply to the state, counties, municipalities, school and education boards or other subdivisions of the state (§ 66-34-104(g); § 66-34-103(e)(4)). | 90 days from when?Completion of the work, or substantial completion of the project, whichever occurs first. | 2026-09-22 | |
| Texas | See the ruleTexas does not cap contractual retainage on private work. The statute instead requires the owner to reserve 10% of the contract price (or 10% of the value of work done) as a fund for lien claimants during the work and for 30 days after completion. Subchapter E was rewritten by H.B. 2237 (2021) and is now titled 'Funds Reserved for Benefit of Lien Claimants.' | See the ruleThe owner's duty to reserve runs during the progress of the work and for 30 days after the work under the original contract is completed; a claimant must file a lien affidavit on the reserved funds not later than the 30th day after completion, termination, or abandonment (Sec. 53.103). | 10% (what it covers)Two-tier cap set by H.B. 692 (2021): 10% if the public works contract is worth less than $5 million; 5% if it is $5 million or more; 10% for dam construction or maintenance regardless of value. The cap also limits the rate for any single line item in the bid schedule or schedule of values, including materials and equipment delivered on site. Subchapter B does not apply to contracts under $400,000, contracts executed before Aug. 31, 1981, or TxDOT contracts under Transportation Code ch. 223. | See the ruleCompletion of the work required under the contract: the entity may not hold retainage after completion, including during the warranty period, and must pay remaining retainage plus interest earned on completion. Retainage may still be withheld on final application only for a bona fide dispute over noncompliant labor, services or materials, or if the surety will not agree to release. | Private: Tex. Prop. Code Sec. 53.101. Public: Tex. Gov't Code Sec. 2252.032. | 2026-09-22 |
| Utah | 5% (what it covers)Utah Code § 13-8-5(3): retention proceeds withheld from any payment may not exceed 5% of the payment, by the owner or public agency to the original contractor, by the original contractor to any subcontractor, or by a subcontractor, and total retention may not exceed 5% of the total construction price; a lower tier is held to the owner's lower percentage when it is under 5%. Retention must sit in an interest-bearing account, accounted for separately, held in constructive trust for the contractor and subcontractors (§ 13-8-5(4)). The section applies to construction contracts entered into on or after July 1, 1999 (§ 13-8-5(2)), for nonresidential commercial or industrial construction projects; a project that is part residential is covered only for its nonresidential share (§ 13-8-5(1)(a)). It does not apply to a construction lender, and a party may not require another to waive it (§ 13-8-5(2)(b), (11)). | 45 days from when?Retention and accrued interest are released under a billing statement from the contractor, with lien releases or waivers, within 45 days from the latest of: the owner's or public agency's receipt of the billing statement; issuance of a certificate of occupancy or final acceptance notice; permitted partial or complete occupancy or use where no certificate issues; or the contractor's acceptance of the final pay quantities (§ 13-8-5(5), (7)); partial occupancy releases a proportional share (§ 13-8-5(6)). An original contractor or subcontractor pays each subcontractor its share within 10 days of receiving retention (§ 13-8-5(9)). | 5% (what it covers)Utah Code § 13-8-5(3): retention proceeds withheld from any payment may not exceed 5% of the payment, by the owner or public agency to the original contractor, by the original contractor to any subcontractor, or by a subcontractor, and total retention may not exceed 5% of the total construction price; a lower tier is held to the owner's lower percentage when it is under 5%. Retention must sit in an interest-bearing account, accounted for separately, held in constructive trust for the contractor and subcontractors (§ 13-8-5(4)). The section applies to construction contracts entered into on or after July 1, 1999 (§ 13-8-5(2)), for nonresidential commercial or industrial construction projects; a project that is part residential is covered only for its nonresidential share (§ 13-8-5(1)(a)). It does not apply to a construction lender, and a party may not require another to waive it (§ 13-8-5(2)(b), (11)). | 45 days from when?Retention and accrued interest are released under a billing statement from the contractor, with lien releases or waivers, within 45 days from the latest of: the owner's or public agency's receipt of the billing statement; issuance of a certificate of occupancy or final acceptance notice; permitted partial or complete occupancy or use where no certificate issues; or the contractor's acceptance of the final pay quantities (§ 13-8-5(5), (7)); partial occupancy releases a proportional share (§ 13-8-5(6)). An original contractor or subcontractor pays each subcontractor its share within 10 days of receiving retention (§ 13-8-5(9)). | Private: Utah Code § 13-8-5. Public: Utah Code § 13-8-5. | 2026-10-17 |
| Vermont | See the ruleVermont sets no percentage cap. It regulates timing instead: retainage must be paid within 30 days after final acceptance. A contractor or subcontractor may not hold retainage on delivered materials that are covered by a manufacturer's warranty or graded to industry standards (Sec. 4005(e)), except where the party is both materialman and installer. | 30 days from when?Final acceptance of the work (and, where the owner holds no retainage but a contractor does hold it from its subcontractor, the same 30-day clock from final acceptance applies). | See the ruleVermont sets no percentage cap. It regulates timing instead: retainage must be paid within 30 days after final acceptance. A contractor or subcontractor may not hold retainage on delivered materials that are covered by a manufacturer's warranty or graded to industry standards (Sec. 4005(e)), except where the party is both materialman and installer. The chapter reaches public work because 'Owner' is defined to include the State of Vermont and its instrumentalities and subdivisions, including municipalities and school districts. | 30 days from when?Final acceptance of the work (and, where the owner holds no retainage but a contractor does hold it from its subcontractor, the same 30-day clock from final acceptance applies). | Private: 9 V.S.A. Sec. 4005. Public: 9 V.S.A. Sec. 4005. | 2026-09-22 |
| Virginia | No statewide statuteVirginia's private construction payment statute (Sec. 11-4.6, the 2022 'SB 550' payment-terms law) expressly leaves retainage alone: its 60-day payment requirement neither applies to nor prohibits retainage provisions. No statewide cap or release deadline for retainage on private work was located. | No statewide statute | 5% (what it covers)Public contracts for construction with progress payments based on estimated percentage of completion: the contractor must be paid at least 95% of the earned sum, so no more than 5% may be retained. The same rule flows down to subcontracts on public projects. | See the ruleThe statute sets no separate release date; it states that all amounts withheld may be included in the final payment. For local-government contracts of $200,000 or more for the listed infrastructure work, the bid proposal must offer an escrow-account procedure for the retainage, with the escrow agreement due within 15 calendar days after notification. | Private: Va. Code Sec. 11-4.6. | 2026-09-22 |
| Washington | Not in our verified recordRCW 60.28.011 is expressly limited to 'public improvement contracts' and 'public bodies'. | Not in our verified record | 5% (what it covers)Retainage on public improvement contracts may not exceed 5% of moneys earned, and it is held as a trust fund for claims and for state taxes. Contracts funded wholly or partly by federal transportation funds must rely on the contract bond instead of retainage. Any reservation from moneys earned other than as allowed by subsection (1) is prohibited. Contracts on projects funded in whole or in part by the farmers home administration and subject to its regulations are outside RCW 60.28.011(1)-(9) (RCW 60.28.011(10)). Small public works contracts under $5,000 carry no retainage requirement, and on small works contracts the awarding agency may reduce or waive retainage, assuming the liability for claims (RCW 39.04.152(5)). | 60 days from when?Completion of all contract work (or, on the general contractor/construction manager delivery method, acceptance of a completed subcontract plus a 45-day lien-notice period under RCW 60.28.021). | Public: RCW 60.28.011. | 2026-09-22 |
| West Virginia | Not yet verified | |||||
| Wisconsin | Not in our verified record | Not in our verified record | 5% (what it covers)Wis. Stat. § 66.0901(9)(b) limits retainage to an amount equal to not more than 5 percent of the estimate until 50 percent of the work has been completed. At 50 percent completion further partial payments are made in full and no additional amounts may be retained unless the architect or engineer certifies that the job is not proceeding satisfactorily, in which case the total retainage may not be more than 10 percent of the value of the work completed. | See the ruleRetainage may be paid on substantial completion; the section sets no day-count deadline. | Public: Wis. Stat. § 66.0901(9)(b). | 2026-09-22 |
| Wyoming | Not in our verified recordTitle 16 ch. 6 (the retainage provisions read here) applies only to contracts with a 'public entity' for a 'public work'. | Not in our verified record | 5% (what it covers)A public entity may retain no more than 5% of the calculated value of completed work, and the retained payment must be held in an account in the contractor's name that is assigned to the public entity. The article does not apply where federal or other outside funding imposes inconsistent retention or payment requirements (W.S. 16-6-706). | 41 days from when?Substantial completion: the public entity issues a certificate of substantial completion, publishes notice weekly for two consecutive weeks and posts it, and payment of retainage falls due on the 41st day after that notice was first published and posted, less amounts withheld for incomplete or nonconforming portions (which are paid at final completion). | 2026-09-22 | |
No statewide statute: the record verifies that no statewide statute governs retainage on that kind of work. Not in our verified record: the record does not establish it either way; check the contract.
Lien waivers exchanged with payments are covered state by state in lien waivers by state.
Lien filing deadlines by state are in mechanics lien deadlines by state.
How retainage is held on each payment and when it comes back: Retainage in construction. Bill it on the pay application template.
States without a page
What each record says, for the published states that have no page of their own yet.
- District of Columbia
- Private District of Columbia jobs: no statute caps retainage, but the Private Contractor and Subcontractor Prompt Payment Act counts retainage withheld as part of the undisputed amount an owner must pay: within 7 days after the contract's payment date, or within 15 days of the occupancy permit, possession or the payment request if the contract sets none, with 1.5% a month interest if late and 7 days to pass subcontractors their share. District government jobs: D.C. Code § 2-203.01 requires a 10% retent until completion and acceptance, which the Mayor may reduce after 50% of the work is complete, and the Quick Payment Act requires the agency to pay a proper invoice within 30 days with interest thereafter.
- Utah
- Utah applies one statute to private and public work on nonresidential commercial and industrial projects: retention may not exceed 5% of any payment or 5% of the total construction price at every tier, it sits in an interest-bearing account held in trust, and it is released within 45 days of the latest of the billing statement, the certificate of occupancy or final acceptance, permitted occupancy, or acceptance of the final pay quantities, with 10 days to pass it to subcontractors and 2% per month for knowing wrongful withholding (Utah Code § 13-8-5).
More on changes, billing, retainage and liens
- Guide Change Orders That Get Paid
- Guide Retainage in Construction
- Calculator Change Order Calculator
- Calculator Retainage Calculator
- Calculator Lien Deadline Calculator
- Calculator Over/Under Billing Calculator
- Template Change Order Form (Word)
- Template Change Order Log Template (Excel)
- Template T&M Ticket Template (Excel)
- Template Contractor Invoice Template (Excel)
- Template Pay Application Template (Excel)
- Template Lien Waiver Template (Word)
- Template Purchase Order Template (Excel)
- Template Construction Cash Flow Projection Template (Excel)
- Template WIP Schedule Template (Excel)
- State rules Mechanics lien deadlines by state
- State rules Lien waivers by state
Sources behind the published rows
- Alaska Statutes AS 36.90.200 to 36.90.250 (payment deadlines, required subcontract terms, retainage), Alaska State Legislature (retrieved 2026-09-29)
- Alaska Statutes AS 36.90.260 to 36.90.290 (miscellaneous provisions, applicability, waiver, definitions), Alaska State Legislature (retrieved 2026-09-29)
- Code of Alabama § 8-29-3, Alabama Legislature (ALISON) code service (retrieved 2026-09-22)
- Code of Alabama § 39-2-12, Alabama Legislature (ALISON) code service (retrieved 2026-09-22)
- Code of Alabama § 8-29-3 (Timely payments to contractors and subcontractors; retainage), Alabama Legislature (ALISON) (retrieved 2026-09-29)
- Code of Alabama § 39-2-12 (Partial and final payments of contractors by awarding authorities), Alabama Legislature (ALISON) (retrieved 2026-09-29)
- Act 193 of 2009 (SB 302), § 10, amending Ark. Code § 22-9-604(a), Arkansas General Assembly (retrieved 2026-09-22)
- Act 471 of 2007 (HB 2585), § 3, setting out Ark. Code § 22-9-604 in full, Arkansas General Assembly (retrieved 2026-09-22)
- Act 193 of 2009 (SB 302), § 10, amending Ark. Code § 22-9-604(a), Arkansas General Assembly (archived copy, captured 2025-10-12)
- Act 471 of 2007 (HB 2585), § 3, Ark. Code § 22-9-604 escrow and 30-day release, Arkansas General Assembly (archived copy, captured 2025-08-08)
- A.R.S. § 32-1181 (definitions; applicability), Arizona State Legislature (retrieved 2026-09-22)
- A.R.S. § 32-1182 (progress payments by owner; conditions; interest), Arizona State Legislature (retrieved 2026-09-22)
- A.R.S. § 32-1183 (performance and payment by contractor, subcontractor or material supplier), Arizona State Legislature (retrieved 2026-09-22)
- A.R.S. § 41-2576 (contract payment retention; partial payment), Arizona State Legislature (retrieved 2026-09-22)
- A.R.S. § 34-221 (contract with successful bidder; payments; security), Arizona State Legislature (retrieved 2026-09-22)
- Cal. Civ. Code § 8810, California Legislative Information (retrieved 2026-09-22)
- Cal. Civ. Code § 8812, California Legislative Information (retrieved 2026-09-22)
- Cal. Civ. Code § 8814, California Legislative Information (retrieved 2026-09-22)
- Cal. Civ. Code § 8818, California Legislative Information (retrieved 2026-09-22)
- Cal. Civ. Code § 8820, California Legislative Information (retrieved 2026-09-22)
- Cal. Pub. Contract Code § 7107, California Legislative Information (retrieved 2026-09-22)
- Cal. Pub. Contract Code § 7201, California Legislative Information (retrieved 2026-09-22)
- Cal. Pub. Contract Code § 22300, California Legislative Information (retrieved 2026-09-22)
- Cal. Pub. Contract Code § 7201 (retention cap), California Legislative Information (archived copy, captured 2022-02-15)
- Cal. Pub. Contract Code § 7107 (release of retention), California Legislative Information (archived copy, captured 2024-01-17)
- Cal. Pub. Contract Code § 7201 (live, leginfo.legislature.ca.gov) (retrieved 2026-09-23)
- Cal. Civ. Code § 8811 (private works retention cap, SB 61) (live, leginfo.legislature.ca.gov) (retrieved 2026-10-17)
- House Bill 21-1167, signed act (enacting C.R.S. article 46 of title 38), Colorado General Assembly (retrieved 2026-09-22)
- HB21-1167 bill page, Colorado General Assembly (retrieved 2026-09-22)
- Colorado Revised Statutes 2024, Title 24 (official OLLS publication), C.R.S. §§ 24-91-102 to 24-91-110 (archived copy, captured 2026-08-23)
- Colorado Revised Statutes 2024, Title 38 (official OLLS publication), C.R.S. § 38-46-103, Colorado General Assembly (archived copy, captured 2026-01-14)
- HB26-1311, Concerning the use of a bond in lieu of retainage in construction contracts, signed act, Colorado General Assembly (retrieved 2026-10-17)
- General Statutes of Connecticut, Chapter 742b, Construction Contracts (§§ 42-158i to 42-158s) (retrieved 2026-09-22)
- General Statutes of Connecticut, Chapter 847, Liens (§§ 49-41a, 49-41b, 49-42) (retrieved 2026-09-22)
- General Statutes of Connecticut, Chapter 847, Liens (§§ 49-41a, 49-41b, 49-42) (archived copy, captured 2026-06-15)
- General Statutes of Connecticut, Chapter 742b, Construction Contracts (§§ 42-158i to 42-158s) (archived copy, captured 2025-11-27)
- D.C. Code § 2-221.02, Council of the District of Columbia, D.C. Law Library (retrieved 2026-09-22)
- D.C. Code Title 2, Chapter 3A (Procurement Practices Reform Act of 2010) chapter listing, D.C. Law Library (retrieved 2026-09-22)
- D.C. Code § 2-203.01, Retents, D.C. Law Library (retrieved 2026-10-17)
- D.C. Code §§ 27A-101 to 27A-106, Private Contractors and Subcontractors Prompt Payment, D.C. Law Library (retrieved 2026-10-17)
- Delaware Code Online, Title 6, Chapter 35, Building Construction Payments (§§ 3501-3509) (retrieved 2026-09-22)
- Delaware Code Online, Title 29, Chapter 69, Subchapter IV, Public Works Contracting (§ 6962) (retrieved 2026-09-22)
- 29 Del. C. ch. 65, § 6516 (payments; retainage under § 6962(d)(5)), Delaware Code Online (retrieved 2026-10-17)
- Fla. Stat. § 255.078 (2025 Florida Statutes), Online Sunshine, The Florida Legislature (archived copy, captured 2026-03-06)
- Fla. Stat. § 255.077 (2024 Florida Statutes), The Florida Senate (archived copy, captured 2025-02-10)
- Fla. Stat. § 218.735 (2024 Florida Statutes), The Florida Senate (archived copy, captured 2025-10-12)
- Fla. Stat. ch. 715 including § 715.12 (2024 Florida Statutes), The Florida Senate (archived copy, captured 2025-03-30)
- Fla. Stat. § 255.078 (public construction retainage), Online Sunshine (archived copy, captured 2026-03-06)
- Fla. Stat. § 255.077 (project closeout; payment of retainage), Florida Senate (archived copy, captured 2025-02-10)
- Haw. Rev. Stat. § 103-32.1 (Contract provision for retainage; subcontractors), Hawaii State Legislature (archived copy, captured 2011-09-30)
- Haw. Rev. Stat. § 103-32.2 (Substitution of retainage), Hawaii State Legislature (archived copy, captured 2026-08-23)
- Haw. Rev. Stat. § 103-32.1 (Contract provision for retainage; subcontractors), Hawaii State Legislature (retrieved 2026-09-29)
- Haw. Rev. Stat. § 103-10.5 (Prompt payment), Hawaii State Legislature (retrieved 2026-09-30)
- Iowa Code 2026, Chapter 573, Labor and Material on Public Improvements (Iowa Legislature official chapter PDF) (retrieved 2026-09-22)
- Idaho Code § 67-2302, Idaho State Legislature (archived copy, captured 2026-01-18)
- Idaho Code § 54-1926 (performance and payment bonds; retainage on public works), Idaho State Legislature (archived copy, captured 2026-06-16)
- Idaho Code § 29-115, construction contracts (private works retention), Idaho Legislature (retrieved 2026-10-17)
- 815 ILCS 603/20 (Contractor Prompt Payment Act), Illinois General Assembly (archived copy, captured 2025-05-17)
- 30 ILCS 550/1 (Public Construction Bond Act), Illinois General Assembly (archived copy, captured 2026-01-06)
- 815 ILCS 603/5 (Contractor Prompt Payment Act, definitions), Illinois General Assembly (archived copy, captured 2026-01-17)
- 815 ILCS 603/10 (Contractor Prompt Payment Act, construction contracts), Illinois General Assembly (archived copy, captured 2026-01-22)
- Indiana State Board of Accounts, 'New Legislation' (2025 Spring Auditors conference), quoting IC 36-1-12-14(c) effective 7-1-25 (retrieved 2026-09-22)
- Indiana State Board of Accounts, Township Bulletin, June 2025, new laws (HEA 1033, retainage requirements, amends IC 5-16-5.5-3.5; IC 36-1-12-14) (retrieved 2026-09-22)
- Ind. Code § 36-1-12-14, Indiana Code 2025, Title 36, Indiana General Assembly (archived copy, captured 2026-03-13)
- Ind. Code § 5-16-5.5-3.5, Indiana Code 2026, Title 5, Indiana General Assembly (archived copy, captured 2026-09-12)
- K.S.A. 16-1804, Retainage; release of retainage; incomplete work; alternate security; failure to pay (Kansas Office of Revisor of Statutes) (retrieved 2026-09-22)
- K.S.A. 16-1904, Retainage; release and withholding thereof; alternate security; failure to pay (Kansas Office of Revisor of Statutes) (retrieved 2026-09-22)
- K.S.A. 16-1802, Definitions (Kansas Office of Revisor of Statutes) (retrieved 2026-09-22)
- KRS 371.410 (Kentucky Fairness in Construction Act), official PDF served by apps.legislature.ky.gov (archived copy, captured 2026-04-10)
- Senate Bill 76 (2025 Regular Session), bill record and summary of enacted version, Kentucky General Assembly (retrieved 2026-10-17)
- La. R.S. 38:2248 (withholding payment; punch list), Louisiana State Legislature (archived copy, captured 2026-04-12)
- Md. Code, Real Property § 9-304, Retention proceeds (Maryland General Assembly statute text) (retrieved 2026-09-22)
- Md. Code, Real Property § 9-303, Remedies (retrieved 2026-09-22)
- Md. Code, Real Property § 9-301, Definitions (retrieved 2026-09-22)
- Md. Code, State Finance & Procurement § 17-110, Retention of percentage of total amount of contract as security (retrieved 2026-09-22)
- Md. Code, State Finance & Procurement § 13-225, Retainage on State procurement contracts (retrieved 2026-09-22)
- 10 M.R.S. § 1116, Retainage (Maine Revised Statutes, Office of the Revisor of Statutes) (retrieved 2026-09-22)
- 10 M.R.S. § 1111, Definitions (retrieved 2026-09-22)
- 10 M.R.S. § 1112, Application (retrieved 2026-09-22)
- 10 M.R.S. § 1118, Disputes; penalties; attorney's fees (retrieved 2026-09-22)
- 10 M.R.S. § 1120, Owner exclusion (retrieved 2026-09-22)
- 5 M.R.S. § 1746, Retention of part of contract price (retrieved 2026-09-22)
- 5 M.R.S. § 1746 (withholding on State public improvement contracts), Maine Legislature (archived copy, captured 2025-05-31)
- 10 M.R.S. § 1116 (retainage; 30-day release; 7-day pass-down), Maine Legislature (archived copy, captured 2025-06-03)
- 10 M.R.S. § 1111 (definitions; 'owner' includes the State and its subdivisions), Maine Legislature (archived copy, captured 2025-05-30)
- MCL 125.1563 (1980 PA 524), official Act 524 of 1980 PDF, Michigan Legislature (archived copy, captured 2025-02-22)
- MCL 125.1564 (retainage dispute resolution), Michigan Legislature (archived copy, captured 2025-01-18)
- Minn. Stat. § 337.10, Building and construction contracts; prohibited provisions (2025 Minnesota Statutes, Office of the Revisor of Statutes) (retrieved 2026-09-22)
- Minn. Stat. § 15.72, Progress payments on public contracts; retainage (2025 Minnesota Statutes, Office of the Revisor of Statutes) (retrieved 2026-09-22)
- Mo. Rev. Stat. § 8.960, Prompt payments required, progress payments, retainage, late payment charges, withholding of payments (Missouri Revisor of Statutes) (retrieved 2026-09-22)
- Mo. Rev. Stat. § 431.180, Contract for private design or construction work, scheduled payments (Missouri Revisor of Statutes) (retrieved 2026-09-22)
- Mo. Rev. Stat. § 34.057, Transferred 2022; now § 8.960 (Missouri Revisor of Statutes) (retrieved 2026-09-22)
- Mo. Rev. Stat. §§ 436.300 to 436.336, private construction retainage (live, revisor.mo.gov) (retrieved 2026-10-17)
- Mississippi Senate Bill 2762 (2024 Regular Session), As Sent to Governor, approved 19 April 2024, Chapter 387 (retrieved 2026-09-22)
- Mississippi Legislature bill history, SB 2762 (2024), Law, chapter 387, effective July 1, 2024; code sections amended 031-0005-0015 and 031-0005-0033 (retrieved 2026-09-22)
- Montana Code Annotated 28-2-2110, Limit on retainage (retrieved 2026-09-22)
- MCA 28-2-2101, Definitions (retrieved 2026-09-22)
- MCA 28-2-2103, Payment to contractor and subcontractor (retrieved 2026-09-22)
- MCA 28-2-2104, Obligations upon delay of payment (retrieved 2026-09-22)
- MCA 28-2-2107, Exception for certain residential dwellings (retrieved 2026-09-22)
- MCA Title 28, ch. 2, part 21 section index (retrieved 2026-09-22)
- Mont. Code Ann. § 18-2-316, limit on retainage for public contracts (MCA 2025) (retrieved 2026-10-17)
- Mont. Code Ann. § 18-2-306, final acceptance and final payment on construction contracts (MCA 2025) (retrieved 2026-10-17)
- N.C. Gen. Stat. § 143-134.1, North Carolina General Assembly official statute page (archived copy, captured 2025-03-18)
- N.C. Gen. Stat. Chapter 22C, Payments to Subcontractors, North Carolina General Assembly official chapter page (archived copy, captured 2026-08-03)
- N.D.C.C. ch. 48-01.2, Public Improvement Bids and Contracts (North Dakota Legislative Branch official Century Code PDF) (retrieved 2026-09-22)
- N.D.C.C. ch. 43-07, Contractors (North Dakota Legislative Branch official Century Code PDF), § 43-07-23 (retrieved 2026-09-22)
- Neb. Rev. Stat. 45-1204, Withholdings; authorized (Nebraska Legislature official page) (archived copy, captured 2025-11-15)
- Neb. Rev. Stat. 45-1203 (official page) (archived copy, captured 2026-01-17)
- Neb. Rev. Stat. 45-1202, Terms, defined (official page) (archived copy, captured 2026-01-23)
- Neb. Rev. Stat. § 45-1204 (retainage cap; 50% step-down), Nebraska Legislature (archived copy, captured 2025-11-15)
- Neb. Rev. Stat. § 45-1203 (release of retainage; 45 days), Nebraska Legislature (archived copy, captured 2026-01-17)
- N.J. Local Public Contracts Law and Regulations Reference Guide, Version 2.1, April 2024 (NJ Department of Labor / prepared in cooperation with DCA Division of Local Government Services), reproduces N.J.S.A. 40A:11-16.1 to 16.4 (retrieved 2026-09-22)
- New Jersey Local Public Contracts Law and Regulation Reference Manual (NJ Department of Community Affairs, Division of Local Government Services, April 2014) (retrieved 2026-09-22)
- P.L.2006, c.96 (Prompt Payment Act, amending C.2A:30A-1 and C.2A:30A-2), New Jersey Legislature official session law (archived copy, captured 2024-08-16)
- Senate Bill 604, 2007 regular session, as enacted (NMSA 1978, § 57-28-5(E); § 6 repeals §§ 57-28-4, 57-28-6, 57-28-9, 57-28-10), New Mexico Legislature (archived copy, captured 2025-02-05)
- NMSA 1978, Chapter 57 (Trade Practices and Regulations), including § 57-28-5, NMOneSource official compilation (archived copy, captured 2026-07-05)
- NRS Chapter 624 (Contractors), Nevada Legislature official chapter page, rev. 4/15/2026 (archived copy, captured 2026-09-18)
- NRS Chapter 338 (Public Works), Nevada Legislature official chapter page, rev. 4/15/2026 (archived copy, captured 2026-09-18)
- N.Y. General Business Law § 756-c, Retention, New York State Senate official law page (retrieved 2026-09-22)
- N.Y. General Municipal Law § 106-b, New York State Senate official law page (retrieved 2026-09-22)
- Assembly Bill A.5405 of 2025 (same as S.5655): text and actions, signed as chapter 654, New York State Assembly (retrieved 2026-09-29)
- N.Y. General Business Law § 757 (void provisions), New York State Senate (archived copy, captured 2025-12-06)
- Ohio Rev. Code § 153.12, Awarding and executing contract, effective September 30, 2025 (Ohio Laws, codes.ohio.gov) (archived copy, captured 2026-03-16)
- Ohio Rev. Code § 153.13, authenticated PDF, effective September 30, 2025 (Ohio Legislative Service Commission) (archived copy, captured 2025-11-14)
- Ohio Rev. Code § 153.14, authenticated PDF, effective September 30, 2025 (Ohio Legislative Service Commission) (archived copy, captured 2025-11-14)
- Ohio Rev. Code § 153.63, Escrow account, effective September 30, 2025 (Ohio Laws) (archived copy, captured 2026-03-15)
- Ohio Rev. Code § 4113.61, effective September 29, 2011 (Ohio Laws) (archived copy, captured 2026-07-13)
- Ohio Rev. Code § 153.12 (partial payments; 96% floor), Ohio Laws and Administrative Rules (archived copy, captured 2026-03-16)
- Ohio Rev. Code § 153.13 (release of retained percentages), authenticated PDF effective 2025-09-30, Ohio Laws and Administrative Rules (archived copy, captured 2025-11-14)
- 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)
- Oklahoma Statutes Title 61, Public Buildings and Public Works (current compilation), Oklahoma Legislature (retrieved 2026-10-17)
- ORS Chapter 701, Construction Contractors and Contracts, 2025 Edition (Oregon Legislative Assembly official ORS page) (archived copy, captured 2026-04-21)
- ORS Chapter 279C, Public Contracting, Public Improvements and Related Contracts, 2025 Edition (Oregon Legislative Assembly official ORS page) (archived copy, captured 2026-02-23)
- 62 Pa.C.S. (Procurement), Title 62 Word version including §§ 3921, 3922 and 3941, Pennsylvania General Assembly (archived copy, captured 2026-07-28)
- R.I. Gen. Laws § 37-12-10.1 (retainage limitation; payment of retainage), Rhode Island General Assembly (archived copy, captured 2026-07-24)
- R.I. Gen. Laws § 5-65-1, definitions (contract for construction), State of Rhode Island General Assembly (retrieved 2026-10-17)
- S.C. Code of Laws Title 11, Chapter 35 (Consolidated Procurement Code), Sec. 11-35-3030 (retrieved 2026-09-22)
- S.C. Code of Laws Title 29, Chapter 6 (Payments to Contractors, Subcontractors, and Suppliers) (retrieved 2026-09-22)
- SDCL 5-18B-11 (Progress payments; retention of funds from final payment; interest), South Dakota Legislature (retrieved 2026-09-29)
- SDCL 5-18B-12 (Bond or deposit of securities in lieu of retention), South Dakota Legislature (retrieved 2026-09-29)
- SDCL 5-18B-13 (Occupancy before completion and acceptance), South Dakota Legislature (retrieved 2026-09-29)
- SDCL 5-18B-14 (Project superintendent; installment payments; final payment), South Dakota Legislature (retrieved 2026-09-29)
- 2020 Tenn. Pub. Acts ch. 749 (Public Chapter 749), amending Tenn. Code Ann. §§ 66-34-103, 66-34-104, 66-34-303, Tennessee Secretary of State official act PDF (archived copy, captured 2026-05-13)
- statutes.capitol.texas.gov/Docs/PR/htm/PR.53.htm (archived copy, captured 2025-08-13)
- statutes.capitol.texas.gov/Docs/GV/htm/GV.2252.htm (archived copy, captured 2025-12-18)
- Utah Code § 13-8-5, definitions and limitation on retention proceeds, Utah State Legislature (retrieved 2026-10-17)
- Va. Code Sec. 2.2-4333, Retainage on construction contracts (retrieved 2026-09-22)
- Va. Code Sec. 2.2-4334, Deposit of certain retained funds on certain contracts with local governments (retrieved 2026-09-22)
- Va. Code Sec. 11-4.6, Required contract provisions in construction contracts (retrieved 2026-09-22)
- 9 V.S.A. Sec. 4005, Retainage (retrieved 2026-09-22)
- 9 V.S.A. Sec. 4001, Definitions (retrieved 2026-09-22)
- 9 V.S.A. Sec. 4003, Contractor's and subcontractor's payment obligations (retrieved 2026-09-22)
- 9 V.S.A. Sec. 4007, Disputes; penalties; attorney's fees (retrieved 2026-09-22)
- 9 V.S.A. Sec. 4005a, Fund held in trust (retrieved 2026-09-22)
- 9 V.S.A. Sec. 4009, Owner exclusion (retrieved 2026-09-22)
- 9 V.S.A. ch. 102 section list (retrieved 2026-09-22)
- RCW 60.28.011, Retained percentage - Public transportation projects - Labor and material lien created - Bond in lieu of retained funds ... (retrieved 2026-09-22)
- RCW 39.04.152, small works roster contract procedures, Washington State Legislature (retrieved 2026-10-17)
- Wisconsin DOT AASHTOWare Project Knowledge Base, 'Retainage' (agency practice, not statutory text) (retrieved 2026-09-22)
- Wis. Stat. § 66.0901(9) (public contracts; retainage), Wisconsin Legislature (archived copy, captured 2025-11-19)
- Wis. Stat. ch. 779, official chapter PDF (§ 779.135, void contract provisions), Wisconsin Legislature (archived copy, captured 2026-07-13)
- Wyoming Statutes Title 16 (City, County, State and Local Powers), official LSO compiled PDF - Sec. 16-6-116, Sec. 16-6-702 through Sec. 16-6-706 (retrieved 2026-09-22)
Changelog
- : 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.
- : 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.
- : 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.
- : 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.
- : 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).
- : 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.
- : 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.
- : 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.
- : 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.
- : 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.
- : 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.
- : 1 more jurisdiction verified and published, 47 of 51 in all.
- : 10 more jurisdictions verified and published, 46 of 51 in all.
- : Dataset first published with 36 of 51 jurisdictions verified.