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Retainage Questions

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We are installing an elevator for $38,000. The contractor has asked for a payment schedule of $17,000 up front, $14,000 when elevator is delivered, $2000 at completion of site of install, and $5,000 at completion. This seems in violation of California’s 10% down. However, the contractor has excellent BBB rating, good reviews, and has a valid California license. What lien waivers should I obtain and at what point?...Read More
Anonymous Contractor
2 answersAdd commentDec 5, 2020
CaliforniaConstruction ContractLien WaiversMechanics LienPay ApplicationsRetainage
Contractor changed the terms of our agreement of payment of materials upon delivery. Also slow payed and have been difficult to work with. Contractor has been through 3 project managers so far for this job. They try and back charge us for their mistakes and won't take responsibility for their actions. We have completed our end of contract and agreement....Read More
Anonymous General Contractor
Waiting for answerAdd commentMay 6, 2022
North CarolinaConstruction ContractMechanics LienRetainage
We've previously been including retainage in our monthly notices. Is this still acceptable, or is a Notice of Contractual Retainage required?...Read More
Anonymous Subcontractor
1 answerAdd commentJun 23, 2022
TexasMonthly NoticeRetainage
Buying a cargo trailer from a guy who after I Zelle pay him $2000 down payment tells me that he gave me the wrong phone number but when I showed him the transaction before sending he says ok yeah that’s it. Now I have no trailer and no one not even Zelle or the banks will help and do not care that my hard earned money is gone. On top of that some one at that phone number now has $2000 and won’t give it back! Think guys might help me?...Read More
Jon Ming
Waiting for answerAdd commentJun 21, 2022
TexasMechanics LienPay ApplicationsRetainage
Hi, I am a graduate student at MSU. Writing a paper on "Who owns the interest on retainage" Contractor/Owner? Could anyone please guide me to specific rules Michigan law have about interest earned on retainage. Thank you...Read More
Anonymous Contractor
1 answerAdd commentApr 7, 2020
MichiganRetainage
We are in the process of getting new procedures in place for our notices/liens. Going over our open invoices report and there are invoices for retainage with no previous notices or fund trapping letters that have been sent out on them, do we send a notice of intent, or is there nothing we can do at this point?...Read More
Anonymous Subcontractor
1 answerAdd commentJun 12, 2022
TexasRetainage
If retainage is not withheld in the prime contract with the Owner, can the General Contractor withhold 10% retainage on the subcontractor invoices/draws?...Read More
Anonymous Contractor
1 answerAdd commentJul 24, 2020
TexasRetainage
Need to know the proper process. We have a client that owes us money from last year. We went back around the first of March to finish an item. Now we aren't getting a response to our payment request. What is the next course of action? Send a Notice of Intent to Lien?...Read More
Anonymous Subcontractor
Waiting for answerAdd commentJun 9, 2022
AlabamaChange OrdersRetainage
Have an initial contract stating that only 90 percent of invoices will be paid till the end . My question is . They have paid invoices in full to date and now admit their mistake and want to retro take from what has already been paid . Is that legal ?...Read More
Anonymous Contractor
1 answerAdd commentAug 30, 2021
FloridaRetainage
Hello! We supplied windows for a school project in Maine. We have a contract with general contractor, last delivery was made on 03/21/2022 and this project has a bond. In the agreement, it is written that retainage should be paid after substantial completion of the project - expected to happen in May 2023, next year. We checked Maine bond claim due dates, and I see that it is only 90 days after last delivery - 03/21/2022 +90days = due date 06/19/2022. I can't find in Maine statute if any exceptions exist for the due date, because project will be finished only next year and we will not get our retainage in 90 days. Could you please advise?...Read More
Anonymous Material Supplier
Waiting for answerAdd commentJun 7, 2022
MaineBond ClaimsRetainage
If we had a signed contract with a general contractor on a project and then the retainage law was updated/changed during the construction process, does the job then fall under the new updated law or does it remain with the date that the contract was executed with a general contractor?...Read More
Anonymous Contractor
1 answerAdd commentMay 27, 2022
TennesseePrompt PaymentRetainage
In general we always bill out retainage for our portion of work at the end of a project. We are always told when the project is at substantial completion retainage is released - but we have retainage bills that are nearing a year. What is the general rule of thumb? Should we file a lien if we get nowhere with release or reduction of retainage?...Read More
Anonymous Contractor
1 answerAdd commentDec 20, 2017
New YorkLien DeadlinesPayment DisputesRetainage
retention of approx., $3000 is bening held in lieu of another location completed...Read More
Anonymous Contractor
1 answerAdd commentMay 28, 2019
CaliforniaNotice of Intent to LienRecovery OptionsRetainage
Many times we are one of the first contractors on site. We typically finish our work within a few months. These projects that we are working on take sometimes 2-3 years before they are complete. Per Colorado law we have to file a lien within 120 days of the last day we are on site, thus we typically send an email stating our intentions to start the lien process at 90 days, file a notice of intent at day 100 and file the lien around day 110 if we still have not received payment - for all payments, not including retention. The problem is that the GC's/Owners are pushing back and telling us the owner has not released retention thus they cannot release retention. So for a project that is 2 years long and we are done with our scope within the first 6 months, by the time the project gets to the end, and the owner starts releasing retainage, we are well past the 120 day mark and seemingly don't have leverage because a lien would be null. The best we have seen done up to this point is to have our retention held reduced by half....Read More
Anonymous Subcontractor
1 answerAdd commentSep 1, 2020
ColoradoRetainage
A GC is telling us that a college in TN is a federal project which is why the retainage amount is 10%. They did send us information for a law showing Federal projects are allowed to have up to 10%, but the way it seemed worded was only if the work was not satisfactory. So now we are trying to understand how a college is a federal project and how we find out if by them holding the 10% instead of 5%, if they are stating our work is not satisfactory. They have told us everything looks good so far....Read More
Anonymous Contractor
1 answerAdd commentJun 27, 2018
TennesseeMiller ActRetainage