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How long should it take us to recieve our retainage payment

TexasRetainage

We are a drywall subcontractor on a project in the Dallas Texas area. per our subcontract agreement we a have a 10% retainage held until substantial completion. We have completed our work since early January of this year. The general contractor is taking so much time to finish the project, the only item left for the General Contractor to finish is install the toilet partitions. We have some punch list item to do on the painting nothing major, but the GC wants to wait until the final item is installed for us to do the punch list. How long can we wait until we get our retainage? what if the GC and the owner keep going back and forth on issues that do not pertain to our scope of work, should we be panelized and our retainage held indefinitely? HELP!

1 reply

Apr 9, 2021
You should be conscious of your mechanic's lien rights, and should be mailing by certified mail appropriate notices to trap funds in the owner's hands. If need be, consider filing a mechanic's lien to ensure some security for your payment. Retain a construction attorney to evaluate your legal situation and to provide advice. The legal analysis for the general contractor's obligation to make payment would start with a review of your subcontract, and then extend to any communications which have occurred. Good luck.
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