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What can i do to pressure a company for my retainer fee?

KentuckyRetainage

I am a subcontractor that has finished my portion of the contract on a larger project. It has been 3.5 months since i completed my portion of work. Whenever i ask about my retention money, they continue to tell me they are waiting on final inspections. They offer no clarity on a time when they will get their inspections. The work was done in the state of kentucky.

1 reply

Feb 5, 2021

Most subcontracts have a 'paid when paid' clause, which states that payment will be made to the subcontractor when the general gets paid for that work by the owner. Additionally, if the project is in Kentucky, the Fairness in Construction Act (FCA), particularly KRS 371.410 dealing with amounts and payment of retainage, applies:

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=35259

Keep an eye on your lien deadlines. Lien rights for unpaid work are specifically preserved, despite contract language to the contrary, in the FCA.

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