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HomeCivil CodeDiv. 4Pt. 6Ch. 8Art. 2§ 8812 Retention Payment Deadlines

§ 8812 Retention Payment Deadlines

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 8812 Retention Payment Deadlines

Key Takeaways

  • •If you hire someone to do work and hold back some money (retention), you must pay them that money within 45 days after the work is done.
  • •If part of the work will belong to the government, you can wait to pay the money for that part until the government accepts it.
  • •If there's a real argument about the money, you can hold back up to 1.5 times the amount you're arguing about until it's sorted out.

Example

You hire a contractor to build a new park playground. You hold back $5,000 to make sure everything is done right.

You must pay the $5,000 within 45 days after the playground is finished. If the city needs to inspect and approve the slides and swings first, you can wait to pay the part of the $5,000 that covers those until the city says they're okay. If you and the contractor argue over $1,000 of the work, you can hold back up to $1,500 until you both agree it's fixed.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 8812 Retention Payment Deadlines

(a) If an owner withholds a retention from a direct contractor, the owner shall, within 45 days after completion of the work of improvement, pay the retention to the contractor. (b) If part of a work of improvement ultimately will become the property of a public entity, the owner may condition payment of a retention allocable to that part on acceptance of the part by the public entity. (c) If there is a good faith dispute between the owner and direct contractor as to a retention payment due, the owner may withhold from final payment an amount not in excess of 150 percent of the disputed amount. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)

Last verified: January 21, 2026

Key Terms

retentiondirect contractorgood faith disputepublic entity

Related Statutes

  • § 8814 Retention Payment To Subcontractors
  • § 8816 Disputed Work Payment Deadlines
  • § 8800 Contractor Payment Dispute Rules
  • § 8802 Subcontractor Progress Payments
  • § 8810 Retention Payment Withholding Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 8812.
View Official Source