Home>Levelset Community>Legal Help>How long shou i wait to get paid for retainage?

How long shou i wait to get paid for retainage?

I am a subcontractor to a mechanical contractor in Georgia. The mechanical has a large contract with a GC that is doing a project at a public College. We have completed our part of the work over three months ago and submitted for payment and got paid all but 10% of the project. The mechanical contractors contract is on going and they say that we cannot get paid until his contract is completed and he submits for payment for our retainage along with his. Is this correct or is he required to submit for our retainage since we have completed our part of the project before he submits for his retainage.?

1 reply

Jun 26, 2020

This is correct, and ultimately, the problem with retainage. Particularly for early phase trades who finish their work before the entire project is completed. On public projects within the state of Georgia, the release of retainage is governed by Ga. Code. Ann. §13-10-80(b)(2)(C). Under these statutes, the public entity is not required to release any retainage until the project has reached substantial completion. Once the work has been approved and an invoice has been sent by the prime contractor, the entity has 30 days to release the withheld funds to the prime. Here are some additional resources you may find helpful:

0 people found this helpful

Helpful