Okla. Stat. tit. 61, § 61-226
This is the official text of Okla. Stat. tit. 61, § 61-226, part of Oklahoma’s Stat. tit. 61, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 61,." Browse the sections below, each linked to its official government source.
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Retainage of portion of payment due - Release
Official statutory text
A. A public construction contract shall provide for partial
payment based upon work completed. The contract shall provide that
up to five percent (5%) of all partial payments made shall be
withheld as retainage. At any time the contractor has completed in
excess of fifty percent (50%) of the total contract amount, the
retainage shall be reduced to two and one-half percent (2.5%) of the
amount earned to date once the owner or owner's duly authorized
representative has determined that satisfactory progress is being
made.
B. A subcontract shall include a provision for the retainage of
a portion of payment due. Such retainage shall not exceed five
percent (5%) of the amount of the payment due. When the work of the
subcontractor has been determined by the holder to be at least fifty
percent (50%) complete, the retainage shall be reduced to two and
one-half percent (2.5%) of the original contract amount.
C. No later than twenty-one (21) calendar days after a
certificate of substantial completion is issued for the project or
separate usable phase of the project and upon adequate performance
Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 71
of the prime contractor and with approval of any applicable surety,
retainage shall be released by the owner to the prime contractor
less an amount no greater than one hundred fifty percent (150%) of
the estimated costs to correct any incomplete or defective work as
identified, itemized, and attached to the certificate of substantial
completion. All remaining funds shall be released as each
deficiency is satisfactorily completed. The prime contractor shall
release within ten (10) calendar days of receipt the share of those
funds that have been withheld from other entities. All other
entities shall release within seven (7) calendar days of receipt the
share of those funds that have been withheld from other entities.
payment based upon work completed. The contract shall provide that
up to five percent (5%) of all partial payments made shall be
withheld as retainage. At any time the contractor has completed in
excess of fifty percent (50%) of the total contract amount, the
retainage shall be reduced to two and one-half percent (2.5%) of the
amount earned to date once the owner or owner's duly authorized
representative has determined that satisfactory progress is being
made.
B. A subcontract shall include a provision for the retainage of
a portion of payment due. Such retainage shall not exceed five
percent (5%) of the amount of the payment due. When the work of the
subcontractor has been determined by the holder to be at least fifty
percent (50%) complete, the retainage shall be reduced to two and
one-half percent (2.5%) of the original contract amount.
C. No later than twenty-one (21) calendar days after a
certificate of substantial completion is issued for the project or
separate usable phase of the project and upon adequate performance
Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 71
of the prime contractor and with approval of any applicable surety,
retainage shall be released by the owner to the prime contractor
less an amount no greater than one hundred fifty percent (150%) of
the estimated costs to correct any incomplete or defective work as
identified, itemized, and attached to the certificate of substantial
completion. All remaining funds shall be released as each
deficiency is satisfactorily completed. The prime contractor shall
release within ten (10) calendar days of receipt the share of those
funds that have been withheld from other entities. All other
entities shall release within seven (7) calendar days of receipt the
share of those funds that have been withheld from other entities.
Status: in_force · Read it on the official government site
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