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What state's retainage rules would apply?

VirginiaRetainage

I have a job in VA but a vendor in another state. Which state's retainage rules would apply?

2 replies

Jun 16, 2020
The amount of retainage that can be withheld will be determined by the state where the project is physically located. In Virginia, the amount of retainage that's allowed to be withheld on private projects is not regulated. So the parties can agree to whatever percentage of retainage they choose to include in the contract. For further reading, see: The Ultimate Guide to Retainage in the Construction Industry
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Jun 17, 2020
The above is true absent a contractual provision specifying the law that applies. If the contract picks a states law, then that state's law will apply.
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