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BETTESWORTHConstruction
construction contracts

How Construction Progress Payments and Retainage Work for Homeowners

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Construction progress payments are installments of the contract price made as agreed portions of a project are completed. Retainage is money that the contract allows you to hold back from an otherwise due payment until a stated completion, acceptance, documentation, or correction condition is met. Neither a particular draw schedule nor a particular retainage percentage is a nationwide homeowner rule. Your signed contract, the project type, and the law where the property is located control.

Before paying, identify the exact milestone that makes the payment due, the evidence that proves it, the amount to be paid, any retainage, and the documents required before final release. Keep the contract, approved changes, invoices, payment confirmations, inspection records, and lien paperwork together. If a clause is unclear or a lien threat has been made, local construction-law advice is safer than relying on a general internet percentage.

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What a progress payment is

A progress payment is a scheduled installment paid during construction rather than waiting until the entire project is finished. The schedule may be tied to physical milestones, a measured percentage of completion, delivery of materials, inspections, or dates. The contract should state which event triggers payment and how the contractor proves that event occurred.

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Milestone-based payments

A milestone clause might make an installment due after a defined phase is complete, such as foundation work, framing, rough mechanical work, or substantial completion. The useful question is not whether the label sounds familiar; it is whether “complete” is defined well enough for you to verify it. A milestone should identify the work included, required inspections or approvals, and any documents that must accompany the invoice.

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Date-based payments

A calendar-date draw can be easy to administer but exposes you to paying for work that has not actually progressed if weather, permitting, labor, or materials cause delays. If a contract uses dates, ask what happens when the corresponding work is incomplete. A defensible clause can make the payment conditional on both the date and a stated level of completed, inspectable work.

What each payment clause should answer

  • What work or event makes the installment due?
  • How is completion measured and who verifies it?
  • What amount or percentage is due at that stage?
  • What invoice, inspection report, delivery record, or other proof must be supplied?
  • When must you pay after receiving a proper request?
  • How are approved change orders, defective work, disputed amounts, and delays treated?
  • Does the amount include a retainage deduction, and what is the calculation base?

Do not assume that a familiar residential sequence or percentage applies to your contract. The available authorities do not establish a single schedule for homeowners across the United States.

What retainage means

Retainage is a portion of money otherwise payable under the contract that the owner holds until a specified release condition. It gives the owner leverage to finish incomplete items, correct defects, and obtain payment or lien documentation. It is not automatically available merely because you are unhappy with the project; the right to retain money must come from the contract or applicable law.

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Read the calculation base carefully

A clause may calculate retainage on the entire contract price, the value of completed work in that billing period, or another defined base. Those formulas produce different results. Check whether approved change orders increase or decrease the base and whether retainage is withheld from labor, materials, allowances, or only certain categories of work.

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Identify the release condition

Release may be tied to substantial completion, final completion, correction of a punch list, an occupancy or inspection approval, delivery of warranties, or receipt of lien releases. The clause should say who requests release, what documents are required, and how quickly the owner must pay after the condition is met. A vague promise to release “at the end” can create a dispute over whether the project is substantially or finally complete.

Retainage is not a universal percentage

Washington provides a useful example of why percentages must be scoped. Revised Code of Washington 60.30.010 allows retainage of no more than five percent of the contract price of completed work for covered private construction projects. The same provision expressly excludes single-family residential construction of fewer than 12 units, so that five-percent ceiling is not a rule for an ordinary Washington single-family homeowner and is not a national standard. The statute also states: “Partial payment allowed under this subsection is not acceptance or approval of some of the work or a waiver of defects in the work.”

Federal Acquisition Regulation 32.103 is a different context: public procurement. Under that federal contract framework, retainage may be used when satisfactory progress has not been achieved, is limited to 10 percent of the approved estimated amount, and should be paid promptly once contract requirements are complete. That rule illustrates context-specific drafting; it does not govern a private homeowner’s contract.

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How to review the payment and retainage clauses before signing

  1. Mark every payment trigger. Write the required work beside each installment and check whether “complete” is defined by measurable quantities, an inspection, or another objective event.
  2. List the evidence required with each request. Specify invoices, photographs, inspection approvals, delivery tickets, updated schedules, or other records that the contract actually requires.
  3. Calculate the amount independently. Confirm the contract price, approved change orders, prior payments, retainage base, taxes or allowances, and credits before approving an invoice.
  4. Locate the retainage terms. Record the percentage or fixed amount, the base used, the account or statement treatment, the release event, and the deadline for release.
  5. Define incomplete and defective work. The contract should explain how punch-list items, failed inspections, concealed defects, and disputed scope affect the next payment.
  6. Set a change-order process. Require written approval that states the price change, schedule effect, and any change to retainage before extra work begins, unless an emergency provision applies.
  7. Address lien documentation. State when lien waivers or releases are delivered, whether they must be conditional or unconditional, and which parties must provide them.
  8. Check late-payment and dispute procedures. Note notice periods, cure opportunities, suspension rights, mediation or arbitration requirements, and any contractual interest or other remedy.
  9. Verify local law. A local attorney, building department, or qualified contract professional can identify requirements that the contract does not spell out, including lien notices and deadlines.

How to approve each draw safely

  1. Match the invoice to the milestone. Walk the site or obtain an inspection report and compare completed work with the contract description, not only with the contractor’s percentage estimate.
  2. Separate completed, stored, and future work. Materials delivered to the site may be treated differently from materials merely ordered. Confirm ownership, storage, insurance, and delivery evidence before paying for stored materials.
  3. Reconcile changes and credits. Attach each signed change order, allowance adjustment, approved credit, and prior payment to the calculation.
  4. Apply retainage exactly as written. Do not invent an additional holdback or release an existing one early without a written agreement.
  5. Request required payment records. Obtain the releases, waivers, receipts, or supplier and subcontractor confirmations required by the contract and local law.
  6. Document approval and payment. Keep the invoice, your approval, photographs, inspection results, bank or card confirmation, and correspondence in one dated file.
  7. Record exceptions in writing. If you pay an undisputed amount while reserving a disagreement, state precisely what remains disputed and avoid language that could be read as accepting defective work if your contract or local law preserves that right.

Making a partial payment does not automatically mean every jurisdiction treats the work as accepted. For example, Washington’s RCW 60.30.010 expressly says a qualifying partial payment is not acceptance, approval, or a waiver of defects. Whether a similar protection applies to your project depends on the governing law and contract wording.

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Why lien releases matter even after you pay the general contractor

A construction lien is a claim against the property used to secure payment for qualifying labor or materials. The Washington Department of Labor & Industries homeowner disclosure warns: “If a supplier of materials used in your construction project or an employee or subcontractor of your contractor or subcontractors is not paid, your property may be liened to force payment and you could pay twice for the same work.” That warning is Washington-specific disclosure language, but the underlying risk is why payment documentation matters everywhere liens are available.

Payment to the contractor is not always the end of the chain

Your contract may require the contractor to pay subcontractors and suppliers, yet a lien statute can give unpaid participants a direct claim against the property. The precise deadlines, notices, waiver forms, and defenses vary by location and project type. Do not assume that a cancelled check alone eliminates the risk.

Build a release package

Follow the contract’s timing and form requirements. A conditional release can become effective when a payment clears; an unconditional release may have a different effect. The Washington disclosure says a homeowner may request original lien-release documents from each supplier or subcontractor. Request the documents identified by your contract and local law, retain originals or reliable copies, and match them to the payment period and amount.

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Respond promptly to a lien notice or threat

Do not ignore a notice because you already paid the contractor. Preserve the contract, invoices, proof of payment, notices, releases, and communications, then obtain local legal advice quickly. Lien statutes commonly use short deadlines, and the correct response can depend on when work was performed, what notices were served, and whether the claim is technically valid.

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How to compare two proposed draw schedules or clauses

When a contractor offers alternatives, compare the provisions rather than choosing by the number of installments alone.

Comparison point Questions to ask
Trigger Is payment tied to completed, verifiable work or merely a date?
Proof What inspection, invoice, photograph, delivery record, or approval substantiates completion?
Amount What dollar amount or percentage is due at each stage, and how do prior payments and changes affect it?
Retainage What rate applies, and is it calculated on the full price, completed work, or another base?
Release What event releases retainage, what documents are required, and what deadline applies?
Defects and incomplete items Can you withhold the contractually permitted amount while the contractor corrects specific work?
Changes and disputes How are written changes, disputed invoices, delays, and partial approvals handled?
Lien protection When do suppliers and subcontractors provide waivers or releases, and in what form?
Deadlines and remedies What notice, payment, cure, suspension, interest, mediation, or arbitration terms apply?

Illustrative calculation: why the wording matters

Assume, purely as an example, that a contract price is $240,000 and an approved invoice values the current completed work at $60,000. If the contract says retainage is 5 percent of that period’s completed work, the holdback would be $3,000 and the requested payment before other adjustments would be $57,000. If instead the clause applies 5 percent to the entire contract price until final completion, the running holdback could be calculated differently. The example demonstrates the importance of the calculation base; it does not recommend 5 percent or establish a legal entitlement to withhold it.

Suppose a $10,000 change order is approved before the next draw. Whether that change increases the next payment, the retainage base, or both depends on the written change-order and retainage clauses. A disputed $4,000 item should not simply be deducted without checking the contract’s notice and dispute procedure.

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Common mistakes and practical fixes

Paying because a date arrived

Risk: A calendar date passes while the promised work remains incomplete. Fix: Require the contractual completion evidence and document the specific shortfall before approving or disputing the draw.

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Withholding an arbitrary amount

Risk: An extra holdback can put you in breach or trigger a suspension claim. Fix: Withhold only what the contract or applicable law permits, and explain the calculation in writing.

Using retainage to cover unrelated dissatisfaction

Risk: A general complaint about design preference may not justify withholding money due for conforming work. Fix: Tie any disputed amount to a contract obligation, defect, incomplete item, or documented change.

Signing a broad final release too early

Risk: A release may waive claims that you intended to preserve. Fix: Read every release, identify listed exceptions, and obtain advice before signing if defects, claims, or lien exposure remain.

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Relying on another state’s percentage

Risk: A statutory figure from a different project category may not apply. Fix: Confirm the governing jurisdiction, whether the project is private or public, and whether the statute covers your type of residence.

When professional help is warranted

Get local construction-law or contract advice before signing when the payment clause is vague, the project involves multiple residences or commercial-style financing, the contractor demands a large advance, or the contract shifts lien and documentation responsibilities to you. Seek prompt advice after a missed milestone, threatened suspension, defective work, an unexpected change-order demand, a lien notice, or a request to waive releases. A professional can apply the location-specific statute, filing deadlines, notice rules, and contract remedies that a general explanation cannot establish.

The governing principle is simple but strict: pay against documented contractual progress, preserve the contractually allowed protection, and release retainage only when the written conditions and local requirements have been satisfied.

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