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CO HB1165

Bill

Status

Introduced

1/21/2014

Primary Sponsor

Randolph Fischer

Click for details

Origin

House of Representatives

2014 Regular Session

AI Summary

  • Limits retainage in private construction contracts to 5% of completed work value, requiring payment of at least 95% of amounts due according to an agreed-upon payment schedule
  • Requires owners, contractors, and subcontractors to remit retained amounts to contractors, subcontractors, and sub-subcontractors after work is satisfactorily completed and finally accepted
  • Voids and makes unenforceable any contract provisions that establish retainage exceeding the 5% limit, regardless of choice-of-law provisions
  • Allows civil actions to recover withheld amounts with interest at 1.5% per month and reasonable attorney fees to the prevailing party, with a one-year statute of limitations
  • Excludes from the requirement contracts for single-family dwellings, multi-family dwellings with four or fewer units, projects under $150,000, contracts with public entities, and railroad property

Legislative Description

Private Construction Contract Retainage & Payments

Last Action

House Committee on Business, Labor, Economic, & Workforce Development Postpone Indefinitely

2/27/2014

Committee Referrals

Business, Labor, Economic, & Workforce Development1/21/2014

Full Bill Text

No bill text available