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Private Construction Contract Payments

Concerning retainage in construction contracts governing improvements to private real property.
2021 Regular Session
Business & Economic Development
Bill Summary

The act prohibits a property owner from withholding from a contractor more than 5% of the price of completed work to ensure the work is satisfactorily completed. The contractor and subcontractors are also prohibited from withholding more than 5% from subcontractors and suppliers. The act also clarifies that these prohibitions do not apply to other types of contractual conditions made before payment is due.

The contract may require lien waivers to be executed before payment is made.

The act applies to:

  • A contract between a property owner and a contractor that has a price of at least $150,000; and
  • A subcontract or supply agreement to such a contract.

The act does not apply to a single contract that governs:

  • The building of:
  • A single-family dwelling;
  • A multifamily dwelling with 4 or fewer family dwelling units; or
  • A contract with a public entity.
    (Note: This summary applies to this bill as enacted.)


Became Law


Bill Text

  • All Versions (7 )
    Date Bill Type Documents
    05/17/2021 Signed Act PDF
    05/11/2021 Final Act PDF
    04/30/2021 Rerevised PDF
    04/29/2021 Revised PDF
    03/26/2021 Reengrossed PDF
    03/25/2021 Engrossed PDF
    03/04/2021 Introduced PDF

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