Section 756-C. Retention  


Latest version.
  • By  mutual agreement of the relevant parties an
      owner may retain a reasonable amount of the contract sum as retainage. A
      contractor or subcontractor may also  retain  a  reasonable  amount  for
      retainage  so  long  as the amount does not exceed the actual percentage
      retained by the owner. Retainage shall be released by the owner  to  the
      contractor  no  later  than  thirty days after the final approval of the
      work under a construction contract. In the event that an owner fails  to
      release  retainage  as  required  by  this article, or the contractor or
      subcontractor fails to release a proportionate amount  of  retainage  to
      the  relevant  parties  after  receipt  of retainage from the owner, the
      owner, contractor, or subcontractor,  as  the  case  may  be,  shall  be
      subject  to the payment of interest at the rate of one percent per month
      on the date retention was due and owing.