Retainage — the portion of a payment withheld until a job is fully complete — is standard in construction contracts but varies in percentage and legality by state and project type. Here's what to know before you sign a contract with a retainage clause.
What is retainage in construction?
Retainage is a percentage of each progress payment withheld by the customer or general contractor until the project is substantially or fully complete, typically 5–10%.
Retainage exists to give the paying party leverage to ensure the work is finished correctly before releasing the full contract amount. How it typically works:
1.Each progress payment is reduced by an agreed percentage (commonly 5–10%)
2.The withheld amount accumulates over the life of the project
3.It's released, often in a final "retainage invoice," once the work is complete and approved
Retainage rates differ by project type: Clemson University research summarized by Billed found average retainage of about 7.59% on private projects, 5.56% on state projects, and 3.26% on federal projects.
BCTM lets you track the retainage amount withheld across progress invoices and generate a final invoice for the retained balance once the job wraps up.
How much retainage is normal on a construction contract?
Retainage of 5–10% per progress payment is typical, though the average varies by project type: roughly 7.59% on private projects, 5.56% on state projects, and 3.26% on federal projects.
Some states also set statutory minimums or maximums for certain project types — for example, Texas requires a 10% minimum statutory retainage on private projects. Because retainage rules vary by state and by whether the project is public or private, confirm applicable limits before finalizing a contract.
This is general information, not legal advice. Retainage rules vary by state and project type — confirm applicable limits before signing a contract.
Track retainage as a separate outstanding balance per job in your reports or aging dashboard, so you can see the total withheld across all active and completed projects at a glance.
Retainage is easy to lose track of because it's technically "earned" but not yet invoiced or collected, and can sit outstanding for months across multiple jobs simultaneously. A useful tracking approach:
1.Record the retainage percentage on each progress invoice as it's issued
2.Keep a running total of retainage withheld per job
3.Review outstanding retainage regularly, not just at project close, since it can represent a meaningful chunk of receivables sitting unpaid
4.Flag jobs where retainage release is overdue relative to your contract terms
Rolling this into your regular accounts-receivable review, rather than treating it separately, helps avoid retainage becoming an invisible cash-flow gap.
BCTM's reports can show outstanding balances by job, including retainage withheld on progress invoices, so you can see what's owed across every active contract.
Can I invoice retainage separately once a job is complete?
Yes — once the job is finished and approved, you can issue a final invoice specifically for the withheld retainage amount.
A separate retainage invoice at project close makes the final payment easy to identify and track, rather than folding it into a general "final payment" invoice. Typical process:
1.Confirm the job is complete and any final inspection or walkthrough is approved
2.Total the retainage withheld across all progress invoices
3.Issue a final invoice specifically labeled for the retainage balance
4.Follow up if payment doesn't arrive promptly, since retainage release can sometimes lag even after work is accepted
Keeping this as a distinct invoice also makes it easier to reference in a dispute if the retainage release is delayed.
BCTM lets you generate a dedicated final invoice for retainage owed once a job is marked complete.
Is retainage legal in every state?
Retainage itself is legal broadly across the U.S., but the specific rules — maximum percentages, release timing, and whether it applies to public versus private projects — vary significantly by state, so verify your state's specific requirements.
Retainage as a practice isn't banned, but the details are far from uniform:
Some states cap the maximum retainage percentage allowed on public projects
Some states set statutory minimums (e.g., Texas requires a 10% minimum on private projects, per Levelset)
Release timing requirements (how soon retainage must be paid after completion) differ by state
Rules can differ for public versus private contracts within the same state
Because of this variability, don't assume a retainage clause that's standard in one state applies the same way elsewhere — check your state's specific statute or consult a construction attorney.
This is general information, not legal advice. Retainage rules vary significantly by state — consult a licensed attorney about your state's specific requirements.