How do I request the release of retention?
Find the release trigger in your subcontract, then ask in writing once it happens, citing the trigger, the sum held and the sum now due.
Updated: . By Jack Butler-Kettle, Construction Claims Consultant.
The answer
The first part is often released on practical completion. The rest often follows at the end of the rectification (defects) period, or on the certificate that closes it. Your request has to cite the event your subcontract actually uses. Send one letter. Set out the retention held to date, cycle by cycle, and the trigger event with its date or certificate. Then state the sum it releases and the cycle it should be paid in, and attach the certificate. Under most subcontracts the release is part of the ordinary payment cycle. So it should appear in your next application, and the Payment Notice and Pay Less Notice rules apply to it as to any other payment. To keep holding it, your main contractor must send a Pay Less Notice under section 111 of the Housing Grants, Construction and Regeneration Act 1996. That is the notice it must send, in time, if it plans to pay you less than the sum due. It must show how it worked out the lower figure. If the trigger is a certificate that has not been issued, ask for the certificate instead. That is a different letter, to a different person. Keep a record of the retention deducted in each cycle, because the first thing your main contractor will dispute is the amount.
Example
Illustrative example. The scenario and figures are invented.
The facts
A £640,000 subcontract carries 3 per cent retention, so £19,200 is held. Practical completion is certified at the end of June, and the rectification period runs for 12 months from that date.
What happens
- The request goes in on 1 July. It asks for £9,600 in the July application and cites the practical completion certificate.
- The balance of £9,600 is requested on the certificate of making good, 12 months later.
- The subcontractor checks the July Payment Notice for the £9,600.
The retention in figures
| Item | Amount |
|---|---|
| Subcontract sum | £640,000 |
| Retention held at 3 per cent | £19,200 |
| Requested at practical completion | £9,600 |
| Requested on making good | £9,600 |
The outcome
If the July Payment Notice leaves out the £9,600 with no reason given, that is a question about the notices, not about valuation.
Our Retention Loss Prevention puts every release date in a diary with its request ready, so none is missed.