756-C - Retention.

§  756-c.  Retention.  By  mutual agreement of the relevant parties an  owner may retain a reasonable amount of the contract sum as retainage. A  contractor or subcontractor may also  retain  a  reasonable  amount  for  retainage  so  long  as the amount does not exceed the actual percentage  retained by the owner. Retainage shall be released by the owner  to  the  contractor  no  later  than  thirty days after the final approval of the  work under a construction contract. In the event that an owner fails  to  release  retainage  as  required  by  this article, or the contractor or  subcontractor fails to release a proportionate amount  of  retainage  to  the  relevant  parties  after  receipt  of retainage from the owner, the  owner, contractor, or subcontractor,  as  the  case  may  be,  shall  be  subject  to the payment of interest at the rate of one percent per month  on the date retention was due and owing.