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CO HB1162

Bill

Status

Introduced

1/20/2010

Primary Sponsor

Robert Bacon

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Origin

House of Representatives

2010 Regular Session

AI Summary

  • Limits retainage (money withheld to ensure satisfactory work completion) to 5% of calculated work value for the first 50% of private commercial construction projects exceeding $150,000, and 2.5% for the remaining 50% of work.

  • Requires building clients to deposit retainage in interest-bearing escrow accounts accessible only through arbitration or court order, with 15% annual interest penalty if funds are not properly deposited.

  • Mandates contractors forward subcontractor payments within 7 days and building clients release all retainage plus accrued interest within 30 days after project completion, with 15% annual penalty for violations.

  • Allows contractors and subcontractors to provide substitute security (letters of credit, retainage bonds, or certificates of deposit) to have retainage released immediately.

  • Applies similar retainage limits and payment requirements to public entity construction contracts; failure to comply subjects violators to mechanics' liens and compounded daily interest penalties.

Legislative Description

Retainage Construction Contracts

Last Action

House Second Reading Lost with Amendments

4/20/2010

Committee Referrals

Committee of the Whole4/16/2010
Appropriations3/3/2010
Business Affairs and Labor1/20/2010

Full Bill Text

No bill text available