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what is the regulation regarding retainage on actual materials purchased?


In Florida, I read the private projects are not regulated for retainage practices. As such, we have only been withholding retainage on the actual labor portion. If we buy materials-not thru a sub-contract, we do not hold retainage as this is pass thru cost. Now we have a customer that is fighting us tooth & nail on everything including how retainage should be managed and held. Our contract states- Contractor's application for payment shall show the percentage of satisfactorily completed portions of the work at the end of each 4-week period, less a retainage of 10%. Is there any law or regulation supporting either side of this argument?

1 reply

Mar 3, 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 Florida 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: . From that directory you may find a law firm in your area to call privately.
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