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Rules on how to set up a retainage account

California

Hi, I have a question. I work for a County government. We have hired a general contractor for a new jail construction project. Can you point me to read up the rules on retainage. This GC wants to open an escrow account for the retainage and plan to use/draw the interest when earned. Is this common practice?

3 replies

Dec 29, 2022

Public Contract Code Section 7107. Interest is allowed for any late payment wrongfully withheld by the public agency up to 2% APR.  

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Dec 30, 2022

I second PCC 7107. There are time lines to comply with in there. And yes, escrow accounts are common ways to deal with retention.

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Dec 30, 2022

Hi,

Here’s a link to a good overview. On public projects, the contractor is entitled to the interest if the money is in an escrow account.

https://www.levelset.com/blog/california-retainage-laws/

Good luck!

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