Create or sign in to your account to view more questions
Log in or create an account to get access to the best parts of the Community
Sign upSign in instead
Explore the community
Upcoming Webinars
MAY
08Ferguson’s Mission-Driven Leadership: How Purpose Powers SuccessLive Webinar: 10:30 AM CST
Are you a lawyer?
Join the only network built for the construction legal community.
Already part of the community? Login here
Related Topics
Retainage Questions
All Status
Retainage
All States
An owner rightfully withheld a general contractor's retainage to address several liens on the property the general contractor failed to address (due to its failure to pay subs) on a project. The general contractor is insolvent and will likely file a Chapter 7 bankruptcy? Setting aside all of the bankruptcy issues, how should the payment of sales tax be addressed to the soon to be secured subcontractor be addressed? The retainage does not include sales tax because it has already been drawn by the contractor. If the owner pays the subcontractor's sales tax, it pays twice; and if it withholds the sales tax and requires the sub to pay it, the state potentially recovers sales tax twice.
WashingtonWe finished the work over a month ago and did not file a prelien when we started the job. The customer paid progress payments but are withholding retainage. What are our options to collecting the remain money.
CaliforniaWe are an underground utility contractor and have been contracted to install the underground water, sewer & storm sewer utilities on several phases of a residential subdivision. Each phase has its own contract and billings. We are wanting to file a retainage lien against a phase that has been completed and already has houses being built and sold. Are we able to still file a lien over the whole project and parcel of property? How can we best protect our interests?
TexasWe are a masonry subcontractor; we did work on a public school. We billed for retainage on 03/20/20 and still have not been paid. Since then a change order was issued for additional work in August 2020. We last worked on site 08/14/20. Now, we are owed retainage $7,000.00 and change order amount $8,000.00. We haven't been able to bill for the change order yet. Please let me know our options. Should we send a written notice of claim on retainage only? Or include the additional $8,000?
TexasWe are a plumbing sub, waiting for our final retention payment from the GC. The GC states the owner is withholding the final payment until they have received our unconditional final waiver. I have already given them an unconditional progress waiver for our previous invoice, a conditional final waiver for our retention owed and uncond. finals from our suppliers... I can't provide an unconditional final waiver if I haven't received our final payment, right?
CaliforniaI have 3 questions about Tampa, Florida.
We have contract Invoices + noncontract invoices [Signed by customer to complete additional work].
We want to file a Notice of Intent to Lien and Mechanical Lien.
What would be our “claimed amount” be on both NOI and Mechanical Lien ?
Would that be all outstanding invoices PLUS Unreleased retainage ?
All Invoices outstanding work have been completed, retainage are usually held 10% from each invoice, but if we're filling a Notice of Intent and Mechanical Lien, can we include that as part of our "Claim" ?
The project is still on going, can we still file a mechanical lien ?
Thanks.
OhioWe are a subcontractor on a project - we've completed our end however the prime contractor is refusing to pay of the remaining retainage, what are our options? Should we file a lien on this? Can we file a lien?
TexasCan you please guide me to where this law or statue.. is? So I can reference it when I show it to my boss? We have had many jobs >$35,000 where they have required 10% retention.
WashingtonI am a Sub Contractor working for a company that is NOT the GC. ( so I would assume they are sub contractors aswell). I did not file a notice to owner when starting this project in Mississippi back in June 2020. I have a feeling do to payments dragging the company I am providing labor for only is not going to pay me for work completed( we are at number 95% right now). Can I still sent a notice to owner ( I only know the GC on this project not sure how to find out the owner)? I also have change order which I still need to submit after completing that beginning of Sept 2020. And last I am still owed retainer which normally only gets released 45- 90 days after completing my scope of work which will be done by End Sept 2020 First week Oct 2020.
As a note. This construction we are doing is a extention of a existing property.
MississippiIs the owner or the contractor responsible to absorb the increased cost of lumber, since the price of lumber have skyrocketed because of the pandemic?
The project started before the increase in the pricing.
The project is in Louisiana
LouisianaI am a prime contractor and have completed 85% of my obligations according to the contractual agreement I signed. Now my client refuses to release funds I was supposed to receive one month ago. I need this money to complete the remaining 15% of project I am still obliged to complete. He claims that I've taken longer than agreed, but that is incorrect and I am still within permitted time according to our contract. I've paid labor and materials for 25 days prior to this and am being hindered in my ability to complete my obligations by his actions. What would be advisable for me to do in this situation? Thank you for your valued advise.
CaliforniaI am a prime contractor and have completed 85% of my obligations according to the contractual agreement I signed. I have all of my insurances and Bond in order so their funds aren't at risk of being squandered or disappearing. Now my client refuses to release funds I was supposed to receive one month ago. I need this money to complete the remaining 15% of project I am still obliged to complete. He claims that I've taken longer than agreed, but that is incorrect and I am still within permitted time according to our contract. I've paid labor and materials for 25 days prior to this and am being hindered in my ability to complete my obligations by his actions. What would be advisable for me to do in this situation? Thank you for your valued advise.
CaliforniaI am a subcontractor who worked on a 64 unit apartment building. Our bid cost did not include some work that was listed on the architectural drawings (it was inadvertently omitted). During the job, the GC realized that the work was not included in our bid, so we submitted the change orders and we were paid. The job is now over, the owner filed a Notice of Completion, and the GC is now stating that we were not entitled to the money because this work was included on the drawings and according to the contract, we should have included the work on our bid because it was on the drawings. We have filed a Mechanics Lien.
CaliforniaWe just changed accounting systems, and prior we held retainage on sales tax as it was a line item within our financial schedule. In the software change, the sales tax is more integrated and calculates the correct amounts, etc. The new system is NOT set to withhold retention on sales tax. We submitted an invoice to a GC and they are responding and requiring that retention be held on the sales tax. The project is in PA. Any thoughts? Sales Tax is a pass through cost, so the GC withholding retainage on it, means that as the subcontractor, we are funding a % of their sales tax burden until the end of the job. Which, is frustrating!
Pennsylvania