In the construction industry, “retainage”—the practice of withholding by an owner or contractor a portion of the funds that are due to a contractor or subcontractor for a construction project until its completion—is a term frequently negotiated in contracts for private construction projects as a means to mitigate the risk of default since the monies withheld can be used to correct or complete defective or deficient work on a project. Washington Senate Bill (SB) 5528 largely mimics existing requirements on retainage for public works projects in imposing a limit on the percentage of retainage withheld from contractors on private construction projects. In my latest column for the Daily Journal of Commerce, I provide some context for owners and general contractors to understand their obligations under the new law, as well as the potential impact these changes may have on their construction contracts executed on or after the date SB 5528 went into effect, July 23, 2023.

Read the full column here.

Originally published by the Daily Journal of Commerce on August 18, 2023.

Photo of Bart Reed Bart Reed

Bart Reed is a partner in the firm’s Seattle office and practices with the Real Estate and Construction group. With extensive experience in complex commercial and construction law, multistate litigation and ADR (representing clients in 28 states), Bart focuses his practice on construction…

Bart Reed is a partner in the firm’s Seattle office and practices with the Real Estate and Construction group. With extensive experience in complex commercial and construction law, multistate litigation and ADR (representing clients in 28 states), Bart focuses his practice on construction and design issues and disputes, representing owners, developers, contractors, subcontractors, design professionals and sureties, in diverse matters on both public and private projects. His experience covers a wide range of issues affecting design and construction clients, including contract drafting/negotiation, non-payment and surety claims, construction liens and payment bond claims, design disputes, construction defects, and scheduling issues in the defense and prosecution of delay/impact claims.

Click here for Bart Reed’s full bio.