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How can we protect ourselves legally?

Georgia

I am working on a federal construction project and they have withheld 10% retainage and 0% is being withheld on them. Now they want to change our contract because we questioned it to: 0% retainage and $35,000 final acceptance. They are only being withheld $35,000 on them. We are working in state of GA. Can they hold the full $35,000 from us when that is all that is being held on them. We are a third tier subcontractor.

3 replies

Nov 22, 2021
It doesn't sound like they can withhold this amount but your agreement would have to be reviewed to be certain. Depending on the details, you may have a Miller Act payment bond claim, so you need to ensure that you provide proper notice within 90 days of your last day on the project. Feel free to contact me if you need further assistance.
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Nov 22, 2021
We are a third tier contractor so we are not able to file on the Miller act
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Nov 22, 2021
Ah, apologies for missing that in your initial question. If you want me to review the contract I would be happy to do so.
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