Retainage Surety Bond Construction Contracts

Under Colorado law, a private property owner is prohibited from retaining more than 5% of a construction contract as retainage if the contract is at least $150,000. The act authorizes a contractor to submit a retainage bond in lieu of withholding retainage, and a private property owner must accept the retainage bond and not withhold the retainage if the retainage bond meets the act's standards. A subcontractor may require the contractor to submit a bond in lieu of retainage for the subcontractor's portion of the retainage.

The contractor may require the subcontractor to submit a like bond to the contractor.(Note: This summary applies to this bill as enacted.)