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How to determine accurate completion billing for subs with retainage included?

PennsylvaniaRetainage

With 10% retainage being held on an electrical contract that will run through the entirety of the construction project (not completed partially through overall project, etc.) Should the approved percentage of a given pay app reflect the estimated completion of the work independently of the retainage, or take that 10% into consideration? For example, if the electrician is roughly 90% complete, should they be allowed to invoice 100% since 10% is being withheld?

1 reply

May 30, 2023

Thank you for reaching out to the Levelset legal community. If you are in need of specific advice for a current legal situation, you may want to consider reaching out to a licensed attorney in your state directly at their office. This forum is public, so it may not be the right place to discuss a sensitive legal issue. Levelset provides a list of attorneys in each state here: https://www.levelset.com/payment-help/experts/experts-by-state/ . From that directory you may find a law firm in your area to call privately.

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