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Retainage Questions
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Retainage
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I worked on a big project for a College and the General Contractor and I are disputing some deductive change orders. Can I do a stop notice so I can make sure I get paid. I am under the impression I cannot do a Mechanic's Lien because it is a federally funded job right? They are holding all my retention at the moment.
CaliforniaCan we bill for retainage on our final invoice or does retainage need to be billed seperately as a final ?
TexasWe are a Subcontractor for a large project, in the state of California. We finished the job last year. All previous invoices have been paid in full. We have the Retention invoice that has not been paid as of today. Can we put a Lien in this project?
CaliforniaWe have a contract with someone as their GC. They are not holding retainage on us for this project. Am I able to still hold a retainage of 10% on the subcontractors that we have on the job?
OhioHello, I have a question on "completion". Is completion the soonest of the four provided definitions? Projects are considered completed when one of the following occurs; (1) occupation or use of the improvement, (2) acceptance by the public entity; (3) work stoppage for 100 straight days; or (4) when a notice of cessation or completion of labor has been recorded after 30 continuous days of no work.
I ask in the case of a public agency withholding until (2)acceptance by the public entity ( recording "Notice of Completion" for many public agencies). In many cases recording a NOC happens several months after actual field completion/cessation of work, so would the (4) definition then take precedence? What is a public agency takes a year to send a job to NOC/acceptance, it would seem this wouldn't then follow the spirit of the timely retention release laws. Thanks for your input!
CaliforniaWe are a demolition company that worked on a project and completed our scope of work 6 months ago. We are getting 5% retention release but the final 5% of retention per the contractor won't be released until the entire project is complete in another 3-4 months. Can they hold our funds indefinitely?
IllinoisWe have been working on collecting the balances for several invoices since we completed the project. Once the general contractor stopped answering our calls we reached out directly to the customer. They informed us that they would escalate our issue up the chain but we haven't received any response from them. The general contractor has filed for Chapter 7....can we continue to put pressure on the customer in which our work allows them to function?
TexasI am seeking solid terminology on when a retainage payment must be paid out. I have seen contradicting language and just looking for clarification. I have seen language stating "substantial completion of the project" and I have also seen language more specific to the specific work a subcontractor has completed. I am just looking to find which is correct and if we get paid once the overall job has substantial completion and or they receive the use and occupy permit or if once we complete our scope of work, we get paid.
TennesseeI know you guys have a section of retention laws. Where is that located on the web site?
VirginiaMy contractor has not completed the job after a year. He actually owes us at this point. Are we allowed to retain property. We live in delaware
DelawareSeveral Contractors use on-line Billing ex. Textura Procore etc. You can not bill retainage to the GC until the Project is Complete and they open Retainage for you to Bill. What are our rights to file a lien concerning Retainage? Can we bill & file on retainage we bill outside of the on-line systems even though the GC rejects The Billing saying that the job is not Complete and Retainage is not billable?
TexasI'm a subcontractor on a multi-family project. I invoiced on 12/7 and have yet to be paid. The contract states payment net 60. I want to cancel the contract and be paid past due invoices and the work completed and equipment supplied. They are holding 25k in retainage. I want to be paid at the time of cancelation.
Thank you,
CaliforniaCan a project owner (or another project participant – like the GC) use funds retained as compensation on one project for unsubstantiated workmanship issues or deficiencies on a different more than 1 year prior project with no retainage and no notifications?
TexasIn 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?
FloridaJOERIS does not assumer responsibility for any retainages in their Spedtrum Kiosk job management site. They have yet to approve a change order we filed for some remobilization fees, and they have mentioned filing change orders for us to fulfill for damages done by our crew. The deadline for the Notice of Claim for Unpaid Retainage is in 1 week and I need to know what plan of action to take. If I file a Notice of Claim for Unpaid Retainage will I lose my claim for the pending change order?
Texas