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What law says retention can be used after a project is completed

ArizonaConstruction Contract

Can a property owner withhold 10% at the completion of a project because they want to see the receipts for change orders?

1 reply

Oct 2, 2019
Retainage isn't regulated in a particularly strict manner on Arizona private construction projects. Generally, an owner is entitled to withhold a "reasonable amount" - but there isn't much guidance on what might be considered reasonable. However, considering retainage is limited to 10% on Arizona public works projects, it seems possible that withholding 10% retainage would be considered "reasonable." Note, though, that retainage generally shouldn't be withheld unless it's specifically allowed in the contract. It's also worth noting, though, that an owner can decline a billing, estimate, or a portion of either. To do so, they must provide a written statement that reasonably details why it's been declined. Of course, they must have a valid reason for doing so. Some common reasons for declining a progress payment (in whole or in part) are: 1. Unsatisfactory job progress; 2. Defective work or materials; 3. Disputed work or materials; 4. Failure to comply with the contract; 5. Claims filed/evidence claims will be filed; 6. Contractor's failure to make timely payments; 7. Property damage; 8. Evidence that the contract will go over budget. Bottom line So, generally, an owner will be entitled to withhold a reasonable amount of retainage, even when there isn't a specific issue - though retainage should only be withheld if it's allowed in the contract. But, when there's a specific dispute relating to payment - like with the work performed - an owner is also entitled to decline part or all of certain progress payments, as necessary. For more on Arizona's retainage laws: Arizona Retainage Guide and FAQs.
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