Montana Code Annotated 2023

TITLE 28. CONTRACTS AND OTHER OBLIGATIONS

CHAPTER 2. CONTRACTS

Part 21. Payment of Construction Contractors and Subcontractors

Limit On Retainage

28-2-2110. Limit on retainage. (1) The maximum retainage applied to construction contracts subject to the provisions of this part may not exceed 5%.

(2) The retainage percentage withheld by an owner, as provided in subsection (1), from a construction contractor is the maximum retainage that a construction contractor may withhold from a subcontractor.

(3) Retainage must be released upon the final acceptance of each portion of work for which a separate price is stated in the construction contract.

History: En. Sec. 1, Ch. 364, L. 2001; amd. Sec. 2, Ch. 244, L. 2005.