
What Is Retainage in Construction? How It Works, State Laws, and Release Rules


Retainage is a portion of each construction payment, usually 5% to 10%, that the project owner holds back until the work is finished. The contractor receives the held amount once the project reaches substantial completion and the punch list, final inspections, and lien waivers are done. Retainage is also called retention or a holdback.
For example, on a $200,000 progress payment with 10% retainage, the contractor is paid $180,000 and $20,000 is held.
Retainage applies to nearly every construction contract type, public and private. State laws set caps on how much can be withheld and define when it must be released, and federal projects follow their own rules. On financed projects, the lender administering the construction loan tracks retainage on every draw, because retained funds change how much capital is available at each milestone. Release depends on steps like collecting final lien waivers from every tier. On Built, lien waivers are signed in under a day, and most within 24 hours.
This guide covers how construction retainage works, how to calculate it, how lenders handle it, the state laws that govern it, and what triggers release.
Key Takeaways
Keep the following in mind:
- Retainage typically runs 5% to 10% of each progress payment and accumulates until substantial completion.
- Many contracts step the rate down, often from 10% to 5% once the project passes 50% complete.
- State caps vary widely and have tightened since 2024. California now caps private-project retention at 5% for contracts from January 1, 2026.
- Release requires verified punch list completion, final inspections, and lien waivers from every contracting tier.
- On financed projects, lenders add their own release conditions, including an independent inspection.
- A retainage bond can replace cash retainage on many projects.
What Is Retainage?
Retainage is a contractual hold built into the payment structure from the start. It’s defined in the construction contract and, for financed projects, reflected in the construction loan documents.
Over the course of a project, retainage accumulates. On a $5 million contract with 10% retainage, $500,000 is withheld across all payment cycles.
That amount becomes a financial incentive for the contractor to finish the punch list, resolve deficiencies, and close out the project.
How Does Construction Retainage Work?
Construction retainage follows a defined sequence from contract execution through final payment. The process works the same on most projects, though the specific percentages, milestones, and release conditions vary by contract and jurisdiction.
1. Contract sets the retainage terms
The construction contract specifies the retainage percentage, the payment milestones, and the conditions for release. For most projects, retainage falls between 5% and 10% of each approved payment. The exact percentage depends on whether the project is public or private, the state where the project is located, and the terms negotiated between the parties.
Some contracts set a single rate for the entire project. Others reduce the percentage at defined milestones, dropping from 10% to 5% once the project passes the halfway mark. On financed projects, the construction loan agreement may impose additional retainage requirements tied to the lender’s disbursement policy.
2. Each progress payment is reduced by the retainage percentage
When the contractor submits a pay application, the owner or lender approves the amount and withholds the agreed percentage. If the contract specifies 10% retainage and the approved draw is $200,000, the contractor receives $180,000 and $20,000 goes into retainage.
3. Retained funds accumulate over the project
As each draw is processed, the retainage balance grows. For lenders managing construction loans, retainage is tracked alongside the draw schedule because it directly affects the remaining budget available for disbursement.
4. Retainage release is triggered by substantial completion
Once the project reaches substantial completion, the contractor submits a formal request for retainage release. The owner or lender then verifies that punch list items are resolved, final inspections are complete, and all required lien waivers have been collected from every tier of the contracting chain.
5. Funds are released
Some contracts release retainage in a single payment at final completion. Others release a portion (commonly 50%) at substantial completion and the remainder after the contractor resolves all outstanding items.
How to Calculate Retainage
Retainage = approved payment amount × retainage percentage. The held amounts add up across every pay application until release.
Here’s an illustrative example: a $1 million contract at 10% retainage that drops to 5% once the work is 50% complete.
| Pay app | Work billed | Rate | Retained | Paid to contractor | Total retainage held |
|---|---|---|---|---|---|
| 1 | $200,000 | 10% | $20,000 | $180,000 | $20,000 |
| 2 | $300,000 | 10% | $30,000 | $270,000 | $50,000 |
| 3 | $250,000 | 5% | $12,500 | $237,500 | $62,500 |
| 4 | $250,000 | 5% | $12,500 | $237,500 | $75,000 |
The $75,000 is released after substantial completion. Some contracts lower the rate on future payments, as shown here. Others release part of what’s already been held, so check how your contract words it.
On an AIA pay application, retainage is reported on line 5 of the G702, and line 6 shows the total earned less retainage.
What does 10% retainage mean?
The owner holds back 10 cents of every dollar billed. On a $1 million contract, that adds up to $100,000 held until the project is complete.
What does 5% retainage mean?
The same mechanism at half the rate: $50,000 held on a $1 million contract.
How Do Construction Lenders Handle Retainage?
On a financed project, the lender funds each draw net of retainage, so the loan never pays out more than the owner owes the contractor. Lenders usually mirror the retainage terms in the construction contract, and the loan agreement can set its own requirement on top.
That makes retainage a loan administration task, not just a contract term. Each time a draw is processed, the lender records the amount withheld and updates the project’s financial summary. Retained funds stay in the undisbursed loan balance, which changes how much capital is available for future draws and the project’s budget-to-actual position. State caps can override the contract. In New York, a private construction contract of $150,000 or more entered on or after December 19, 2025 can’t enforce retainage above 5%, so draw retainage settings on those loans need to match the cap.
Lenders also add release conditions beyond the owner’s. The construction loan agreement may require an independent inspection confirming completion, verification that all compliance documents are in order, and confirmation that releasing the retained funds doesn’t violate any loan covenants.
Each of those steps takes time, and release can’t happen until every one clears. On Built, the steps a retainage release depends on move fast, as the following figures show:
- Lien waivers signed in under a day, most within 24 hours.
- Half of Marketplace inspections completed within two days.
- What used to take a week now takes a day. That’s the median draw turnaround from submission to disbursement.
“With the Built system, lien waivers are there at the time they accept the payment,” says the team at John Kraemer & Sons.
Lenders on Built can set retainage percentages globally or at the line-item level for work completed, so retainage is tracked and reported on every draw across the portfolio.
Why Is Retainage in Construction Important?
Retainage gives the project owner a financial hold that incentivizes the contractor to complete the work to the agreed standard. Once project signoff is completed, the contractor receives the balance of the retained funds.
By holding back a portion of each progress payment, the owner reduces the risk that a contractor abandons the project if a dispute arises or they encounter problems with the job. If the contractor can’t complete the project, the funds that have been held back can be used by the owner to pay another contractor or subcontractor to finish the work.
Retainage Laws by State
Retainage is governed by federal regulation on federal projects and by state law everywhere else. The rules differ by state, and most states treat public and private projects differently.
Federal projects
Under FAR 52.232-5, the contracting officer pays progress payments in full when progress is satisfactory. If it isn’t, the contracting officer may retain up to 10% of each payment until satisfactory progress is achieved. FAR 32.103 sets the same 10% ceiling.
Recent state reforms
Several states have tightened retainage rules since 2024, including the following:
- California (2026): For private contracts entered on or after January 1, 2026, retention can’t exceed 5% of any progress payment or 5% of the contract price, at every subcontract tier (Civil Code §8811). Residential projects of four stories or fewer that aren’t mixed use are exempt.
- New York (2025): Private construction contracts of $150,000 or more were already capped at 5% retainage under GBL §756-c. S5655, signed December 19, 2025, voids any term above that cap in contracts entered on or after that date.
- Illinois (2025): Public Act 104-0168 extends the 10%-then-5% limits to state agency contracts, and allows withholding only when progress is unsatisfactory. It takes effect June 1, 2027.
- Mississippi (2024): SB 2762 capped private-project retainage at 5% from July 1, 2024, with release due within 60 days of final completion.
- Oregon (2024): HB 4006 requires public agencies, and owners and lenders on large private commercial projects, to accept a surety bond in place of retainage.
Retainage Rules in 10 Major Construction States
| State | Private projects | Public projects | Release deadline | Statute |
|---|---|---|---|---|
| California | 5% of each payment and of the contract (contracts from Jan 1, 2026) | 5%, unless the project is found “substantially complex” before bid | Private: 45 days after completion. Public: 60 days | Civ. §8811, Civ. §8812, PCC §7201, PCC §7107 |
| Texas | No percentage cap confirmed. The owner must reserve 10% of the contract price until 30 days after completion to protect lien claimants | 10% on contracts under $5M, 5% at $5M or more | Private: 30-day reserve period | Prop. Code §53.101, Gov’t Code §2252.032 |
| Florida | Not confirmed | 5% per payment on state and local projects | Local: 20 business days after the punch list, less 150% of punch-list cost | §255.078, §218.735 |
| New York | 5% on contracts of $150,000 or more | 5%, or up to 10% without full performance and payment bonds | Private: 30 days after final approval | GBL §756-c, State Fin. Law §139-f |
| Illinois | 10% until 50% complete, then total held reduced to 5% | Local: same rule. State agencies: same rule from June 1, 2027 | Not confirmed | 815 ILCS 603/20, 30 ILCS 550/1 |
| Georgia | A “reasonable amount,” no more than the owner-contractor contract rate | 5% (contracts from July 1, 2022) | Public: 30 days after substantial completion and invoice | Smith Gambrell & Russell summary |
| North Carolina | Not confirmed | 5%, with no further retainage after 50% complete (with surety consent) | Public: 60 days after beneficial occupancy or substantial completion | UNC School of Government |
| Washington | Not confirmed | 5% | Public: 60 days after completion of all contract work | RCW 60.28.011 |
| Arizona | A “reasonable amount” | 10%, half released at 50% complete if progress is satisfactory | Private: 7 days after the release billing is approved. Public: 60 days after completion | ARS 32-1182, ARS 34-221 |
| Ohio | Not confirmed. Primes must pay subs retainage within 10 days of receiving it | 8% of the labor portion of the first 50% of payments, nothing after 50% | Public: 30 days from completion, acceptance, or occupancy | Ohio Facilities Construction Commission |
Statutes change often. Check the current statute and your contract, and talk to construction counsel before relying on a cap or deadline.
Retainage Bonds and Other Alternatives
A retainage bond is a surety bond a contractor provides in place of retainage. Instead of the owner holding back part of each payment, the contractor is paid in full and the surety guarantees the completion obligations retainage would have covered. If the contractor fails to finish the work or pay subcontractors, the owner claims against the bond rather than the withheld cash.
Contractors pay a premium for the bond, but they receive their full payment on each pay application, which eases cash flow.
Some states require owners to accept a substitute. Oregon public agencies must accept a surety bond, bonds, or securities in place of retainage (ORS 279C.560), and so must owners and lenders on large private commercial projects. Arizona public owners must accept deposit accounts, certificates of deposit, or listed securities at the contractor’s option (ARS 34-221). Washington public bodies must accept a bond when a subcontractor requests one, unless they show good cause (RCW 60.28.011).
On financed projects, the construction loan agreement may still require the lender to withhold retainage, so the lender has to approve a bond substitution.
When Is Retainage Released?
Retainage release typically begins when the project reaches substantial completion, meaning the building or structure can be used for its intended purpose even if minor punch list items remain.
The release process follows a standard sequence. The contractor submits a formal retainage release request. The owner or their representative verifies that all contract obligations have been met, including final inspections, punch list resolution, and closeout documentation. Final lien waivers must be collected from every tier of the contracting chain, from the general contractor down through all subcontractors and material suppliers.
On financed projects, the lender has additional release conditions, covered in the lender section above.
Retainage release timelines vary by jurisdiction and project complexity. Some states set a deadline: 30 days after final approval on covered private contracts in New York, 45 days after completion on private projects in California, and 60 days after final completion in Mississippi. Delays in lien waiver collection, inspection scheduling, or dispute resolution can extend the timeline.
Benefits and Challenges of Retainage
Retainage protects owners against incomplete work but creates cash flow pressure for contractors and administrative overhead for lenders.
For owners, the main benefit is the financial incentive for the contractor to do quality work and finish the project to the owner’s satisfaction. Retainage usually stays with the owner or lender until release. Some states, including Ohio and Michigan, require public owners to hold it in an interest-bearing escrow or bank account.
For lenders, the challenge is withholding the right percentages at the right times and tracking balances across every active loan. Retainage also gives lenders some protection, because the funds can be used to resolve mechanics liens filed on the property during construction.
For contractors, retainage can create cash flow problems, especially if payments are delayed because the owner and contractor disagree on project milestones or whether a phase of construction is complete. This can trickle down to subcontractors, who typically don’t receive their retained funds until the general contractor is paid.
Want to track retainage on every draw across your portfolio? Talk to our team.
Construction Retainage FAQs
What is a typical retainage percentage in construction?
The standard retainage percentage in construction ranges from 5% to 10% of each progress payment. On federal fixed-price construction contracts, the contracting officer may retain up to 10% of a payment, and only until progress is satisfactory. State laws vary. Some states cap retainage at 5% for public and private projects, while others allow up to 10% or have no statutory limit.
How do you calculate retainage?
Multiply each approved payment by the retainage percentage. On a $200,000 pay application with 10% retainage, $20,000 is held and $180,000 is paid. The held amounts accumulate until release.
How does retainage affect contractor cash flow?
Retainage reduces the cash a contractor receives on every payment cycle. On a $1 million project with 10% retainage, $100,000 is withheld over the life of the project. For subcontractors, the impact compounds because they typically don’t receive their retained funds until the general contractor is paid, which may not happen until the entire project is complete.
Can retainage be reduced during a construction project?
Yes. Many contracts allow retainage reduction once the project reaches a defined completion milestone, commonly 50%. At that point, the retainage percentage may drop from 10% to 5%, or the owner may release a portion of the accumulated funds. Some states require retainage reduction by law once the project passes a defined threshold.
What happens to retainage if a contractor defaults?
If a contractor defaults or abandons a project, the retained funds can be used by the owner to cover the cost of completing the remaining work, including hiring a replacement contractor. The specific conditions for accessing retained funds after default are defined in the contract and may be subject to state law and any surety bond provisions.
How do lenders track retainage on construction loans?
Construction lenders track retainage as part of the draw management process. Each time a draw is processed, the lender records the retainage amount withheld and updates the project’s financial summary. Retainage tracking matters because it affects the total funds available for future draws and the project’s budget-to-actual position.
What is a retainage bond?
A surety bond a contractor provides instead of having retainage withheld. The contractor is paid in full on each pay application, and the bond covers the obligations retainage would have secured.
How is retainage tracked on a construction project budget?
Contractors record retainage as a receivable on their balance sheet. Owners carry it as a payable. Each draw cycle, the project budget deducts the retainage amount from the approved disbursement and tracks it as a separate line item.

Erik Koentje leads the Sales and Account Management teams at Built, focusing on the needs of Owners, Developers, and General Contractors. He brings over two decades of experience working with commercial real estate firms to craft strategy and achieve their operational goals.
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