HB21-1167
Private Construction Contract Payments
| Type | Bill |
|---|---|
| Session | 2021 Regular Session |
| Subjects |
Concerning retainage in construction contracts governing improvements to private real property.
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.)
Related Documents & Information
| Activity | Vote | Documents |
|---|---|---|
| Adopt amendment L.004 | The motion failed on a vote of 3-4. | Vote summary |
| Refer House Bill 21-1167 to the Committee of the Whole. | The motion passed on a vote of 4-3. | Vote summary |
| Activity | Vote | Documents |
|---|---|---|
| Adopt amendment L.001 | The motion failed on a vote of 5-8. | Vote summary |
| Refer House Bill 21-1167 to the Committee of the Whole. | The motion passed on a vote of 10-3. | Vote summary |
| Date | Calendar | Motion | Vote | Vote Document |
|---|---|---|---|---|
| 04/30/2021 | Third Reading | BILL |
25
AYE
10
NO
0
OTHER
|
Vote record |
| Date | Calendar | Motion | Vote | Vote Document |
|---|---|---|---|---|
| 03/26/2021 | Third Reading | BILL |
52
AYE
12
NO
1
OTHER
|
Vote record |
| Date | Location | Action |
|---|---|---|
| 05/17/2021 | Governor | Governor Signed |
| 05/11/2021 | Governor | Sent to the Governor |
| 05/11/2021 | House | Signed by the Speaker of the House |
| 05/11/2021 | Senate | Signed by the President of the Senate |
| 04/30/2021 | Senate | Senate Third Reading Passed - No Amendments |
| 04/29/2021 | Senate | Senate Second Reading Passed - No Amendments |
| 04/26/2021 | Senate | Senate Committee on Business, Labor, & Technology Refer Unamended to Senate Committee of the Whole |
| 03/29/2021 | Senate | Introduced In Senate - Assigned to Business, Labor, & Technology |
| 03/26/2021 | House | House Third Reading Passed - No Amendments |
| 03/25/2021 | House | House Second Reading Passed - No Amendments |
| 03/23/2021 | House | House Second Reading Laid Over Daily - No Amendments |
| 03/18/2021 | House | House Committee on Business Affairs & Labor Refer Unamended to House Committee of the Whole |
| 03/04/2021 | House | Introduced In House - Assigned to Business Affairs & Labor |
Prime Sponsor
Sponsor
(None)
| Effective Date | Chapter # | Title | Documents |
|---|---|---|---|
| 09/07/2021 | 146 | Private Construction Contract Payments |