Contracts & ExecutionQuestion 538 of 690

A subcontractor on a private project completes its work and the prime contractor withholds 10% retention. The owner has accepted the project and released all retention to the prime. Under B&P §7107, the prime must release the sub's retention within how many days?

a.Within 10 days of receipt from the owner
b.Within 30 days of receipt from the owner
c.Within 60 days of subcontractor completion
d.Only after final acceptance by all subcontractors

Explanation

B&P §7107 requires that a prime contractor release any retention proceeds withheld from a subcontractor within 10 days after receipt of the retention from the owner. Wrongful withholding triggers a 2% per month penalty and possible attorney fees.

Law Reference: Bus. & Prof. Code §7107

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