Datasets:

referencesource
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construction-retainage-limits-by-state

derived_fields listlengths 1 1	escrow_required stringclasses 9 values	id stringlengths 4 14	milestone_reduction stringlengths 4 180	private_cap_pct stringclasses 10 values	public_cap_pct stringlengths 2 77	release_deadline stringlengths 18 128	source stringlengths 44 112	source_quote stringlengths 78 951	state stringlengths 4 14	statutory_citation stringlengths 11 67	url stringlengths 72 82	verified_fields listlengths 1 3 ⌀
[ "statutory_citation" ]	no (substitute security option available)	arizona	at 50% completion, half of retained amount returned and rate drops to 5%	no statutory cap in this section	10% before 50% complete; 5% after 50% complete	within 60 days after final completion and acceptance	https://codes.findlaw.com/az/title-41-state-government/az-rev-st-sect-41-2576.html	Ten per cent of all construction contract payments shall be retained by this state as insurance of proper performance of the contract or, at the option of the contractor, a substitute security may be provided by the contractor in an authorized form pursuant to rules adopted by the director.	Arizona	Ariz. Rev. Stat. § 41-2576	https://referencesource.org/construction-retainage-limits-by-state/arizona/	null
[ "statutory_citation" ]	not addressed in this statute	california	after 95% of the work has been completed, the department may reduce the funds withheld to an amount not less than 125 percent of the estimated value of the work yet to be completed	not addressed in this statute	5%	upon final completion and acceptance of the project	https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=10261.&lawCode=PCC	The department shall withhold not more than 5 percent of the contract price until final completion and acceptance of the project. However, at any time after 95 percent of the work has been completed, the department may reduce the funds withheld to an amount not less than 125 percent of the estimated value of the work y...	California	Cal. Pub. Cont. Code § 10261	https://referencesource.org/construction-retainage-limits-by-state/california/	[ "milestone_reduction" ]
[ "statutory_citation" ]	no	colorado	none	5%	5%	not specified in this section	https://colorado.public.law/statutes/crs_38-46-103	A property owner, contractor, or subcontractor shall not withhold as retainage more than five percent of the price of the work completed under the contract or subcontract.	Colorado	C.R.S. § 38-46-103	https://referencesource.org/construction-retainage-limits-by-state/colorado/	null
[ "statutory_citation" ]	public only	connecticut	not specified on this page	not specified on this page	not specified on this page	not specified on this page	https://constructioncoverage.com/glossary/retainage	Some states, including Connecticut, Louisiana, Michigan, Ohio, and Tennessee, require retainage for certain state-funded public projects to be held in interest-bearing escrow accounts	Connecticut	not specified on this page	https://referencesource.org/construction-retainage-limits-by-state/connecticut/	[ "state" ]
[ "statutory_citation" ]	no	florida	none	no statutory cap	5%	same time limits for payment of a payment request apply regardless of whether the payment request is for, or includes, retainage	http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0255/Sections/0255.078.html	a public entity may withhold from each progress payment made to the contractor an amount not exceeding 5 percent of the payment as retainage.	Florida	Fla. Stat. § 255.078	https://referencesource.org/construction-retainage-limits-by-state/florida/	null
[ "statutory_citation" ]	no	georgia	none	no statutory cap	5%	within 30 days after invoice at substantial completion	https://codes.findlaw.com/ga/title-13-contracts/ga-code-sect-13-10-80.html	Retainage to a maximum of 5 percent of each progress payment. At the discretion of the owner and with the approval of the contractor, the retainage of each subcontractor may be released separately as the subcontractor completes his or her work.	Georgia	Ga. Code Ann. § 13-10-80	https://referencesource.org/construction-retainage-limits-by-state/georgia/	null
[ "statutory_citation" ]	no	illinois	at 50% completion, retainage reduced to no more than 5%	10% before 50% complete; 5% after 50% complete	10% before 50% complete; 5% after 50% complete	not specified in this section	https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=081506030K20	A construction contract may provide for the withholding of retainage of up to 10% of any payment made prior to the completion of 50% of the contract. When a contract is 50% complete, retainage withheld shall be reduced so that no more than 5% is held. After the contract is 50% complete, no more than 5% of the amount of...	Illinois	815 ILCS 603/20	https://referencesource.org/construction-retainage-limits-by-state/illinois/	[ "escrow_required", "milestone_reduction" ]
[ "statutory_citation" ]	yes	indiana	none	no statutory cap	per contract terms (escrow required when withheld)	per contract terms	https://codes.findlaw.com/in/title-5-state-and-local-administration/in-code-sect-5-16-5-5-3.html	provision for retainage shall include in their respective contracts a provision that at the time any retainage is withheld, the state agency and/or contractor shall place such retainage in an escrow account, with a bank, savings and loan institution, or the State of Indiana or an instrumentality thereof, as escrow agen...	Indiana	Ind. Code § 5-16-5-5.3	https://referencesource.org/construction-retainage-limits-by-state/indiana/	[ "state" ]
[ "statutory_citation" ]	no	iowa	none	no statutory cap in this section	5%	per section 573.14	https://www.legis.iowa.gov/docs/iacode/2001/573/12.html	The public corporation shall retain from each monthly payment not more than five percent of that amount which is determined to be due according to the estimate of the architect or engineer.	Iowa	Iowa Code § 573.12	https://referencesource.org/construction-retainage-limits-by-state/iowa/	null
[ "statutory_citation" ]	no	kentucky	retainage held after fifty-one percent (51%) of the construction project has been completed shall not be more than five percent (5%)	10% until 50% complete, then 5%	10% until 50% complete, then 5%	30 days after substantial completion	https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=35259	until fifty percent (50%) of the construction project has been completed in accordance with the contract, a contracting entity, contractor, or subcontractor may withhold no more than ten percent (10%) retainage from the amount of any undisputed payment due, and retainage held after fifty-one percent (51%) of the constr...	Kentucky	KRS 371.410	https://referencesource.org/construction-retainage-limits-by-state/kentucky/	[ "escrow_required", "milestone_reduction" ]
[ "statutory_citation" ]	yes	louisiana	not specified on this page	not specified on this page	not specified on this page	not specified on this page	https://constructioncoverage.com/glossary/retainage	Some states, including Connecticut, Louisiana, Michigan, Ohio, and Tennessee, require retainage for certain state-funded public projects to be held in interest-bearing escrow accounts, providing additional security for contractors. This requirement does not typically extend to private projects, although some states, su...	Louisiana	not specified on this page	https://referencesource.org/construction-retainage-limits-by-state/louisiana/	[ "state" ]
[ "statutory_citation" ]	no	maryland	none	5%	5%	90 days after the date of substantial completion	https://codes.findlaw.com/md/real-property/md-code-real-prop-sect-9-304.html	(e) Undisputed retention proceeds retained by an owner under this section shall be paid within 90 days after the date of substantial completion, as defined by the applicable contract or subcontract. <https://codes.findlaw.com/md/real-property/md-code-real-prop-sect-9-303/> Previous Part of Code <https://codes.findlaw.c...	Maryland	Md. Code, Real Prop. § 9-304	https://referencesource.org/construction-retainage-limits-by-state/maryland/	[ "escrow_required", "release_deadline", "state" ]
[ "statutory_citation" ]	no	massachusetts	none	5% (contracts ≥$3M, excluding residential 1–4 units)	5%	not later than 14 days after substantial completion, notice submitted; retainage due per contract terms	https://codes.findlaw.com/ma/part-i-administration-of-the-government-ch-1-182/ma-gen-laws-ch-149-sect-29f/	No contract for construction shall include retainage that exceeds 5 per cent of any progress payment.	Massachusetts	Mass. Gen. Laws ch. 149, § 29F	https://referencesource.org/construction-retainage-limits-by-state/massachusetts/	[ "escrow_required" ]
[ "statutory_citation" ]	public only	michigan	not specified on this page	not specified on this page	not specified on this page	not specified on this page	https://constructioncoverage.com/glossary/retainage	Some states, including Connecticut, Louisiana, Michigan, Ohio, and Tennessee, require retainage for certain state-funded public projects to be held in interest-bearing escrow accounts	Michigan	not specified on this page	https://referencesource.org/construction-retainage-limits-by-state/michigan/	[ "state" ]
[ "statutory_citation" ]	no	minnesota	owner may reduce or eliminate retainage if work is progressing satisfactorily	5%	5%	60 days after substantial completion	https://www.revisor.mn.gov/statutes/cite/337.10	Retainage on a building and construction contract may not exceed five percent. An owner or owner's agent may reduce the amount of retainage and may eliminate retainage on any monthly contract payment if, in the owner's opinion, the work is progressing satisfactorily.	Minnesota	Minn. Stat. § 337.10	https://referencesource.org/construction-retainage-limits-by-state/minnesota/	[ "milestone_reduction" ]
[ "statutory_citation" ]	no	missouri	public owner may reduce or eliminate retainage if work is proceeding satisfactorily	no statutory cap	5%	30 days after acceptance and receipt of required documentation	https://revisor.mo.gov/main/OneSection.aspx?bid=905&hl=&section=34.057	Retainage withheld on any construction contract or subcontract for public works projects shall not exceed five percent of the value of the contract or subcontract.	Missouri	RSMo § 34.057	https://referencesource.org/construction-retainage-limits-by-state/missouri/	null
[ "statutory_citation" ]	no	nebraska	at 50% completion, retainage reduced to no more than 5%	10% before 50% complete; 5% after 50% complete	10% before 50% complete; 5% after 50% complete	after substantial completion, withholding capped at 125% of estimated remaining cost	https://codes.findlaw.com/ne/chapter-45-interest-loans-and-debt/ne-rev-st-sect-45-1204.html	For retainage, in an amount not to exceed the amount specified in the applicable contract, which shall not exceed a rate of ten percent. If the scope of work for the contractor or subcontractor from which retainage is withheld is fifty percent complete and if the contractor or subcontractor has performed work in accord...	Nebraska	Neb. Rev. Stat. § 45-1204	https://referencesource.org/construction-retainage-limits-by-state/nebraska/	[ "escrow_required", "milestone_reduction" ]
[ "statutory_citation" ]	no	nevada	after 50% of the work has been completed, the public body may pay remaining progress payments without withholding additional retainage	no statutory cap	5%	within 30 days after occupancy, use, or recording of notice of completion, whichever occurs first	https://www.leg.state.nv.us/nrs/nrs-338.html	Ninety-five percent of the amount of any progress payment must be paid and 5 percent withheld as retainage until 50 percent of the work required by the contract has been performed.	Nevada	NRS 338.515	https://referencesource.org/construction-retainage-limits-by-state/nevada/	null
[ "statutory_citation" ]	not specified on this page	new-mexico	not specified on this page	0%	0%	not specified on this page	https://constructioncoverage.com/glossary/retainage	New Mexico prohibits retainage for most publicly and privately funded projects	New Mexico	not specified on this page	https://referencesource.org/construction-retainage-limits-by-state/new-mexico/	[ "state" ]
[ "statutory_citation" ]	no	new-york	none	5%	5%	30 days after final approval of the work	https://newyork.public.law/laws/n.y._general_business_law_section_756-c	By mutual agreement of the relevant parties an owner may retain no more than five per centum of the contract sum as retainage. A contractor or subcontractor may also retain no more than five per centum for retainage and in no case shall retainage exceed the actual percentage retained by the owner. Retainage shall be re...	New York	N.Y. Gen. Bus. Law § 756-C	https://referencesource.org/construction-retainage-limits-by-state/new-york/	[ "escrow_required" ]
[ "statutory_citation" ]	no	north-carolina	retainage eliminated after 50% complete with surety consent	no statutory cap	5%	60 days after substantial completion or beneficial occupancy	https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_143/GS_143-134.1.html	The owner shall not retain more than five percent (5%) of any periodic payment due a prime contractor.	North Carolina	N.C. Gen. Stat. § 143-134.1	https://referencesource.org/construction-retainage-limits-by-state/north-carolina/	[ "public_cap_pct" ]
[ "statutory_citation" ]	no	ohio	none	no statutory cap	4% (payments at not less than 96%)	governed by sections 153.13 and 153.14	https://codes.ohio.gov/ohio-revised-code/section-153.12	Partial payments to the contractor for labor performed under either a unit or lump sum price contract shall be made at a rate of not less than ninety-six per cent of the estimates prepared by the contractor and approved by the architect or engineer.	Ohio	Ohio Rev. Code § 153.12	https://referencesource.org/construction-retainage-limits-by-state/ohio/	null
[ "statutory_citation" ]	yes (contracts exceeding $500,000)	oregon	none	5%	5%	interest commences 30 days after completion and acceptance	https://oregon.public.law/statutes/ors_701.420	An owner, contractor or subcontractor may withhold as retainage an amount equal to not more than five percent of the contract price of the work completed.	Oregon	ORS 701.420	https://referencesource.org/construction-retainage-limits-by-state/oregon/	null
[ "statutory_citation" ]	no	pennsylvania	contractor or subcontractor may post a maintenance bond for 120% of retainage upon reaching substantial completion to facilitate release	no statutory percentage cap	no statutory percentage cap	30 days after final acceptance of the work	https://legis.state.pa.us/WU01/LI/LI/US/HTM/1994/0/0007..HTM?1=	If payments under a construction contract are subject to retainage, any amounts which have been retained during the performance of the contract and which are due to be released to the contractor upon final completion shall be paid within 30 days after final acceptance of the work.	Pennsylvania	73 P.S. § 509 (Contractor and Subcontractor Payment Act, Section 9)	https://referencesource.org/construction-retainage-limits-by-state/pennsylvania/	[ "release_deadline" ]
[ "statutory_citation" ]	no	south-carolina	none	no statutory cap	no statutory cap	21 days for owner to contractor; 7 days for contractor to subcontractor after receipt	https://www.scstatehouse.gov/code/t29c006.php	Nothing in this chapter prevents the owner, the contractor, or a subcontractor from withholding application and certification for payment because of the following: unsatisfactory job progress, defective construction not remedied, disputed work, third party claims filed or reasonable evidence that claim will be filed, f...	South Carolina	S.C. Code Ann. § 29-6-40	https://referencesource.org/construction-retainage-limits-by-state/south-carolina/	null
[ "statutory_citation" ]	yes	tennessee	none	5%	5%	90 days after completion of the work or 90 days after substantial completion	https://law.justia.com/codes/tennessee/title-66/chapter-34/part-1/section-66-34-103/	<https://law.justia.com/codes/tennessee/title-66/chapter-34/part-1/section-66-34-104/> Next (a) All construction contracts on any project in this state, both public and private, may provide for the withholding of retainage; provided, however, that the retainage amount may not exceed five percent (5%) of the amount of t...	Tennessee	Tenn. Code Ann. § 66-34-103	https://referencesource.org/construction-retainage-limits-by-state/tennessee/	[ "private_cap_pct", "public_cap_pct", "state" ]
[ "statutory_citation" ]	optional (contracts ≥$10M, by agreement)	texas	none	no statutory cap	10% (contracts <$5M); 5% (contracts ≥$5M)	upon completion of the work required to be performed under the contract	https://texas.public.law/statutes/tex._gov't_code_section_2252.032	if the total value of a public works contract is less than $5 million, a governmental entity may not withhold retainage in an amount that exceeds 10 percent of the contract price and the rate of retainage may not exceed 10 percent for any item in a bid schedule or schedule of values for the project, including materials...	Texas	Tex. Gov't Code § 2252.032	https://referencesource.org/construction-retainage-limits-by-state/texas/	null
[ "statutory_citation" ]	no	virginia	none	no statutory cap	5%	included in the final payment	https://law.lis.virginia.gov/vacode/2.2-4333/	the contractor shall be paid at least ninety-five percent of the earned sum when payment is due, with no more than five percent being retained to ensure faithful performance of the contract. All amounts withheld may be included in the final payment.	Virginia	Va. Code § 2.2-4333	https://referencesource.org/construction-retainage-limits-by-state/virginia/	[ "escrow_required", "release_deadline" ]
[ "statutory_citation" ]	optional	washington	contractor may request retainage be reduced to 100% of the value of work remaining	no statutory cap	5%	60 days after completion of all contract work	https://app.leg.wa.gov/rcw/default.aspx?cite=60.28.011	public improvement contracts must provide, and public bodies must reserve, a contract retainage not to exceed five percent of the moneys earned by the contractor as a trust fund for the protection and payment of: (i) The claims of any person arising under the contract	Washington	RCW 60.28.011	https://referencesource.org/construction-retainage-limits-by-state/washington/	null
[ "statutory_citation" ]	no	wisconsin	at 50% completion, no further retainage withheld (full payments resume)	no statutory cap in this section	5% until 50% complete; 0% after 50% complete (unless unsatisfactory progress)	upon substantial completion	https://docs.legis.wisconsin.gov/document/statutes/66.0901	The retainage shall be an amount equal to not more than 5 percent of the estimate until 50 percent of the work has been completed. At 50 percent completion, further partial payments shall be made in full to the contractor and no additional amounts may be retained unless the architect or engineer certifies that the job ...	Wisconsin	Wis. Stat. § 66.0901(9)(b)	https://referencesource.org/construction-retainage-limits-by-state/wisconsin/	[ "escrow_required", "milestone_reduction", "public_cap_pct" ]

Construction retainage limits by US state — maximum withholding percentages, release deadlines, escrow requirements, and public vs private distinctions with statutory citations

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Last verified: 2026-08-17
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State-by-state comparison of the statutory rules governing retainage (retention) on construction contracts. Each record is one state with the maximum retainage percentage for public and private projects, the deadline for releasing retained funds after substantial completion, whether retainage must be held in an interest-bearing escrow account, whether the cap is reduced after a completion milestone (e.g. 50% complete), and the statutory citation. Caps range from 0% (New Mexico) to 10%, with a strong trend toward 5%. Answers 'how much retainage can be withheld on my project in [state]', 'when must retainage be released', and 'does my state require retainage escrow'.

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