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Retainage Questions
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Retainage
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I have a question regarding the Prime's delay in submitting a subcontractor's invoices to a vendor for payment. My business provided work for a Prime contractor. They are now rejecting invoices that are over 1 year old, even though we submitted these invoices in a timely fashion. Is there any requirement for a Prime to submit all invoices for service provided within a certain time frame? Or can a Prime hold onto a subcontractor's invoices, without submitting them to the state, for an indefinite period of time? TIA
IllinoisThe State of New Mexico outlaws holding retention on subcontractors. What about landscape contractors? We have a large subcontract for landscaping around a large development and want assurance that the plantings survive. The wording on their warranty is not acceptable to us!
New MexicoWe've previously been including retainage in our monthly notices. Is this still acceptable, or is a Notice of Contractual Retainage required?
TexasBuying 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?
TexasWe 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?
TexasNeed 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?
AlabamaHello!
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?
MaineIf 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?
TennesseeIn 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?
New Yorkretention of approx., $3000 is bening held in lieu of another location completed
CaliforniaMany 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.
ColoradoWe worked on building Shop at McAlester with Embree Group, Inc. We have not received payment for retainage $30,984.26
OklahomaWe are a subcontractor filing a lien for 2 properties completed for Barrow Builder Group in Texas. They have a partial balance due for retainage on each. A non-optional question to complete asks "Identify All months When You Furnished Services For Which Payment is Claimed". The retainage was held from the 1st payment forward. That would have started the purchasing of materials, etc. Should I list all of the months through the final month last delivered?
TexasHow does a claim on retainage work for a supplier? Can we file this along with a bond claim? Also, how do we find out if there is retainage to claim against?
TexasI am a sub contractor and have been completed with my part of the project since October 2021. My retention is still being held back because another sub contractor needs to finish some of their work. Do I have any lein rights to get them to pay me faster? It's a project at University of Michigan, Ann Arbor.
Michigan