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I have not been release my retainage.

UtahCash Flow

D&S Construction was a Sub-contractor on a HUD project, Cornell Street in SLC, Utah. We had completed work in December 2019. The condos have passed all inspections and are now occupied by residents. All CPRs were summited and accepted. We are still owed 70,000.00 in retention and the contractor says HUD is holding our moneys. What do we do?

2 replies

Dec 8, 2020

Dear Subcontractor,

If you filed a timely, proper preliminary notice on the Utah State Construction Registry (commonly known as the SCR: https://secure.utah.gov/scr/guide/index.html), you may (I would need more facts) have mechanic's lien and payment bond claims to secure payment of your retention. If not, you would most likely still have breach of contract and failure to pay retention claims. 

Under Utah law (Utah Code section 13-8-5), if your retention is being "wrongfully withheld," you may be entitled to interest on the retention, plus a charge of 2% per month on the improperly withheld amount, plus attorney's and costs if you are successful in your action (lawsuit) to collect your retention. 

All the best to you in collecting your money. 

Jason Robinson

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Jan 7, 2021

You should contact an attorney to review your contract to determine your legal rights.  

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