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Retainage & Prompt Payment Rules by State

Look up retainage caps, release timing and prompt payment deadlines for public and private work in your state, check your contract's retainage against the cap, and work out the interest on a late payment. Not legal advice: confirm the rules before you rely on them.

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  • Reviewed September 28, 2026

State and work

Type of work

Your contract

$
%

Late payment interest

Simple interest from the day payment was due.

$
days
%

Not used: the statutory 1% per month applies

Retainage cap
5%
$62,500 on this contract
Retainage held
$125,000
$62,500 over the cap
Interest owed
$717.53
45 days at 12.00% a year
GC pays subs within
7 days
Of receiving payment

Your contract holds $62,500 more than the cap

10.0% of $1,250,000 is $125,000, but New York caps private retainage at 5% ($62,500). Confirm the cap covers this contract's size, date and project type, then raise it before you sign or at your next pay application.

New York, private work

Retainage
Up to 5% on private projects of $150,000 or more.
Release
Per the contract after final approval.
Prompt payment
Owner pays within 30 days of approval; GC pays subs within 7 days of receipt.
Late interest
1% per month

Sources: N.Y. State Fin. Law §139-f (public); N.Y. Gen. Bus. Law §756 to §758 (private).

Interest as the payment gets later

$48,500.00 at 12.00% a year, $15.95 a day

$0$500$1,000$1,500$2,0000d20d40d60d80d100d120d45 days: $718

Retainage held vs. the cap

  • Your contract
    10.0%
    $125,000
  • New York cap
    5%
    $62,500

Retainage and prompt pay in every state

Caps and pay terms on file. Verify means the rule depends on the agency, contract size or date, or we couldn't confirm one figure.

Work
StateRetainage capGC pays subs withinLate interest
Alabama5%VerifyVerify
AlaskaVerifyVerifyVerify
Arizona10%VerifyVerify
ArkansasVerifyVerifyVerify
California5%7 days2% per month
Colorado5%7 daysVerify
ConnecticutVerifyVerifyVerify
DelawareVerifyVerifyVerify
District of ColumbiaVerifyVerifyVerify
Florida10%10 days1% per month
Georgia10%VerifyVerify
Hawaii5%VerifyVerify
IdahoVerifyVerifyVerify
Illinois10%VerifyVerify
IndianaVerifyVerifyVerify
Iowa5%VerifyVerify
KansasVerifyVerifyVerify
KentuckyVerifyVerifyVerify
Louisiana10%VerifyVerify
MaineVerifyVerifyVerify
MarylandVerifyVerifyVerify
Massachusetts5%VerifyVerify
Michigan10%VerifyVerify
Minnesota5%VerifyVerify
MississippiVerifyVerifyVerify
Missouri5%VerifyVerify
MontanaVerifyVerifyVerify
NebraskaVerifyVerifyVerify
Nevada5%VerifyVerify
New HampshireVerifyVerifyVerify
New JerseyVerifyVerifyVerify
New MexicoVerifyVerifyVerify
New York5%7 daysVerify
North Carolina5%7 days1% per month
North DakotaVerifyVerifyVerify
Ohio8%10 days18% per year
OklahomaVerifyVerifyVerify
Oregon5%VerifyVerify
Pennsylvania10%14 days1% per month
Rhode IslandVerifyVerifyVerify
South Carolina3.5%VerifyVerify
South DakotaVerifyVerifyVerify
Tennessee5%VerifyVerify
Texas10%10 daysPrime rate plus 1% per year
Utah5%VerifyVerify
VermontVerifyVerifyVerify
Virginia5%7 days1% per month
Washington5%Verify1% per month
West VirginiaVerifyVerifyVerify
WisconsinVerifyVerifyVerify
WyomingVerifyVerifyVerify

Not legal advice

Not legal advice. Retainage and prompt payment rules differ by agency, contract size and contract date, and change often. Confirm the rules with the current statute, your contract and a construction attorney before relying on them. Rules last reviewed September 28, 2026.

Download your results

A one-page summary of the rules, your retainage check and the interest owed, with every state's caps attached.

Your inputs stay in your browser. Results are estimates for planning, not professional, tax or legal advice.

Two rules that decide when you get your money

Every progress payment on a construction job is shaped by two sets of rules. Retainage decides how much of each payment is held back, and for how long. Prompt payment laws decide how fast the owner has to pay the GC, how fast the GC has to pay its subs, and what interest runs when they don’t.

Both vary by state, and within a state they often differ between public and private work. A subcontractor with a 10% retainage clause may be working in a state that caps retainage at 5%. A GC that pays subs 30 days after it’s paid may be breaking a 7-day statute that carries 1.5% a month in interest. This tool puts the rule for your state next to your contract terms so you can see the gap.

How the tool works

  1. Choose the state and type of work. Public means state and local government work. Private means everything else. Federal work follows the same federal rules in every state.
  2. The rules on file appear: the retainage cap, how retainage is reduced or released, the prompt payment deadlines, and the interest rate on late payments, with the statutes they come from.
  3. Enter your contract value and retainage rate. The tool works out the retainage your contract holds and the most the cap allows, and flags anything over the cap.
  4. Work out interest on a late payment. Enter the amount and how many days late it is. When the statute sets a fixed rate the tool uses it; when the rate floats (for example, prime plus 1%) or there’s no rate on file, it uses the rate you enter.

Interest is simple interest: amount × annual rate × days late ÷ 365. A rate of “1% per month” is treated as 12% a year. The chart shows how interest builds as the payment gets later, and the table at the bottom lists the cap, sub payment deadline and interest rate for every state.

A worked example

A mechanical subcontractor has a $1,250,000 subcontract on a private office project in New York, with 10% retainage. The project is well over New York’s $150,000 threshold for its private prompt payment law.

Amount
Retainage held at 10% $125,000
Most allowed at the 5% cap $62,500
Held over the cap $62,500

The contract holds $62,500 more than the statute allows. That’s working capital the sub is lending the project for free, often for a year or more. The right time to raise it is before signing, or at the next pay application once you’ve confirmed the cap applies to this contract.

The same sub is paid $48,500 for a pay application 45 days late. New York’s private prompt payment rate on file is 1% per month, 12% a year:

Days late Interest Total with interest
30 $478.36 $48,978.36
45 $717.53 $49,217.53
90 $1,435.07 $49,935.07
180 $2,870.14 $51,370.14

At $15.95 a day, interest won’t make anyone rich, but a written statement of interest owed under the statute tends to move a payment up the pile.

Using the rules in practice

  • Read your contract against the statute. Many statutes override contract terms that hold more retainage or pay later than the law allows, but some allow the parties to agree otherwise. The statute citation tells you where to look.
  • Ask for retainage reduction at 50% complete. Several states require it on public work, and it’s a common negotiated term on private work.
  • Track release deadlines. Retainage release often has its own clock after substantial completion. Put it on the calendar along with your lien and notice deadlines.
  • Invoice interest in writing. State the statute, the days late and the amount. The PDF from this tool is a clean backup.
  • Check pay-when-paid clauses. Some states limit or void them, which changes when your payment is actually due.

Where the rules come from

Each state’s entry cites its public contract, retainage and prompt payment statutes, and federal work cites the Prompt Payment Act (31 U.S.C. 3901 to 3907) and FAR 32.103 and 52.232-27. These are plain-language summaries of the general rule as of the review date shown. Many rules have exceptions by agency, contract size or contract date, and rules change. Where we couldn’t confirm a single figure, the tool says Verify with state statute rather than guessing. The data is versioned; the review date is on the page and in the PDF.

Retainage is one of the biggest drains on a subcontractor’s cash. See how much working capital it ties up on a job with the cash flow and retainage forecaster. Bill each period with retainage calculated line by line using the schedule of values and pay application builder, and keep your lien rights alive with the mechanics lien and notice deadline calculator.

Rules by state

Each state page explains that state's notice, lien, bond claim, retainage and prompt payment rules, with a worked example and the statutes, and opens this tool on that state.

Compare all states in one table →

Frequently asked questions

What is the maximum retainage in construction?

It depends on the state and the type of work. Many states cap retainage on public contracts at 5%, others allow 10% until the job is half complete and then reduce it, and a growing number cap it on private work too. Some states have no general cap at all, so the contract controls. Pick your state and work type to see the rule on file.

How much interest can I charge on a late construction payment?

Prompt payment laws in many states set a statutory interest rate on late payments, commonly 1% or 1.5% per month, and some tie it to the prime rate. The calculator uses the statutory rate when it's a fixed number and otherwise asks you for the rate. Interest is simple interest from the day payment was due.

When does a general contractor have to pay a subcontractor?

Most prompt payment statutes give the GC a set number of days after it receives payment from the owner, often 7 or 10 days, to pay its subs for their share. Pay-when-paid and pay-if-paid clauses in your subcontract can change when that clock starts, and some states limit those clauses.

Does retainage flow down to subcontractors?

Usually yes. A GC typically holds the same retainage from its subs that the owner holds from the GC, and many statutes say a GC can't hold more from a sub than the owner holds from it. When retainage is released to the GC, many states require it to be passed on to subs within a short period.

Why do some states say Verify?

Because we'd rather not guess. Retainage and prompt pay rules often depend on the agency, the contract size or the date the contract was signed, and some states have no single rule. Where we couldn't confirm one figure, the tool shows Verify with state statute and lists the statute to check.

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