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CO HB1162
Bill
Status
1/20/2010
Primary Sponsor
Robert Bacon
Click for details
AI Summary
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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.
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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.
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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.
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Allows contractors and subcontractors to provide substitute security (letters of credit, retainage bonds, or certificates of deposit) to have retainage released immediately.
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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