Support Industry Legislation to Cap Retention on Private Construction Contracts at 5%

On behalf of the industry, Senator Dave Cortese (D-San Jose, CA) has introduced SB 61, to establish a 5% cap on retention for private construction contracts in California. This measure aligns private project retention practices with the successful 5% cap already in place for public works in the state, addressing financial strain and cash-flow challenges faced by contractors statewide.

Retention, or retainage, is a standard industry practice where a portion of progress payments—typically 10% on private projects—is withheld until project completion. However, this excessive withholding creates significant financial burdens, particularly for subcontractors and small businesses operating on tight profit margins. By capping retention at 5%, SB 61 will bring much-needed relief and promote a fair and sustainable construction environment.

 

Key Benefits of SB 61:

  • Improved Cash Flow: Contractors can maintain a healthier financial position, ensuring timely payment of wages, benefits, and reinvestment in future projects.
  • Reduced Financial Strain: Lower retention requirements will decrease reliance on high-interest credit lines, reducing overall project costs.
  • Fairness and Predictability: A standardized policy provides contractors with consistency and the ability to better manage financial resources.

 

California has successfully implemented a 5% retention cap on public works projects since 2011, with no adverse impacts. More than 20 other states, including New York, Nevada, Oregon and Washington, have adopted similar policies for private construction, further demonstrating the viability and benefits of this approach.

 

About SB 61:

This legislation seeks to level the playing field for contractors, especially small and emerging businesses, by addressing cash flow challenges that hinder growth and job creation. The bill will help contractors remain financially stable, ensuring they can continue delivering high-quality work without unnecessary financial obstacles.

 

Take Action to Support SB 61:

We are urging all affiliated contractors to use our grassroots advocacy page to send a preformulated email to their elected officials and Governor Newsom, asking them to support SB 61.

 

Take action TODAY and voice your support for SB 61: CLICK HERE

 

Once you have taken action, please encourage other union contractors in your sphere to act by sharing our grassroots action center – www.unioncontractorvoice.com

Recent Posts

WPCCA ConstructConnect Live Demo

Join us for a live demo with ConstructConnect, the leading preconstruction platform that helps commercial construction professionals find more projects, bid smarter, and work faster. Date: Tuesday, November 18, 2025 Time: 11:00am – 12:00pm Location: via Zoom Key Takeaways: Access 750,000+ active…

October 8, 2025

WPCCA AI for Personal Productivity & Firm Transformation Workshop

In this fast-paced, hands-on workshop, AI consultant Stjepan Mikulic will help you turn AI into measurable results—both personally and across your entire firm. You’ll learn how to create custom GPTs, use AI to build presentations, visuals, and reports. Then, we’ll…

September 24, 2025

WPCCA Document Crunch Live Demo

Join us for a live demo of Document Crunch, the industry’s leading AI-powered risk platform built to simplify complex contracts and project documents, accelerate decision-making, and keep projects moving forward. Document Crunch empowers your team to quickly review contracts, specifications,…

September 10, 2025

WPCCA 3 Pillars of AI Implementation Webinar

Join us for an engaging presentation with Stjepan Mikulic, founder of AI in AEC, a global training provider serving architects, engineers, and construction professionals in more than 60 countries. Stjepan will explore the three key aspects every firm must navigate…

August 21, 2025

What Employers Need to Know About No Tax on Overtime

On July 3, 2025, the U.S. House of Representatives narrowly passed H.R.1, the so-called “One Big Beautiful Bill Act,” ending a dramatic journey through Congress that dominated headlines in recent weeks. The Act includes several provisions related to campaign promises…

July 23, 2025
MORE STORIES