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As a GC do I withhold retention on stored materials when I bill the owner

TexasRetainage

We have stored materials and I'm trying to figure out if I withhold retention on the stored materials.

3 replies

Jul 30, 2021

Hello,

Who do the materials belong to?

-Aaron

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Aug 1, 2021
To the Owner after we receive payment
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Aug 4, 2021

Hello again,

If the materials were purchased with project money, they are part of the project and if you have not been paid, you may have a Mechanic's Lien.

You would not have a possessory lien unless you were storing the materials at your cost.

If you are seeking retainage, that means the project is complete. In the event that you are paid for retainage, the materials become theirs. In the even that you are not paid for retainage, you may sue, get a judgment, and then "collect" on the assets you have possession of. Roughly.

-Aaron

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