California Codes, Civil Code - CIV, Division 4 — General Provisions, Part 6 — Works of Improvement, Title 2 — Private Works of Improvement, Chapter 8 — Prompt Payment, Article 2 — Retention Payment, Section 8812

(a) If an owner withholds a retention from a direct contractor, the owner shall, within 45 days after completion of the work of improvement, pay the retention to the contractor.

(b) If part of a work of improvement ultimately will become the property of a public entity, the owner may condition payment of a retention allocable to that part on acceptance of the part by the public entity.

(c) If there is a good faith dispute between the owner and direct contractor as to a retention payment due, the owner may withhold from final payment an amount not in excess of 150 percent of the disputed amount.

Notes

Requires an owner withholding retention from a direct contractor to pay it within 45 days after completion of the work of improvement. Allows retention tied to a portion becoming public property to await public-entity acceptance and allows withholding up to 150 percent of a good-faith disputed retention amount.

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