States / California / SB 61

SB 61 Enacted

Private works of improvement: retention payments.

Introduced
In Committee
Floor
Crossed Over
Passed
Enacted

Existing law generally governs retention payments withheld with respect to a contract for a private work of improvement, including by requiring an owner that withholds a retention from a direct contractor to, within 45 days after completion of the work of improvement, pay the retention to the contractor.

With respect to a contract for a private work of improvement, this bill would limit the amount of a retention payment by, among other things, prohibiting a retention payment withheld from a payment by an owner from the direct contractor, by the direct contractor from any subcontractor, and by a subcontractor from any subcontractor thereunder, from exceeding 5% of the payment, subject to certain exceptions. The bill would require a court to award reasonable attorney's fees to the prevailing party in any action to enforce these provisions.

Chamber
Senate
Introduced
Jan 9, 2025
Last action
Jul 14, 2025 — Chaptered by Secretary of State. Chapter 49, Statutes of 2025.
Session
20252026
Momentum
82 · Very high