Payment of Retainage with “conditions attached” Deemed Non-Payment
Best Practices Construction Law
NOVEMBER 6, 2019
The Supreme Court of Vermont recently held that the conditions attached to a contractor’s payment of retainage to a subcontractor violated the state’s Prompt Pay Act. In the same letter as its refusal, the contractor said it would release the retainage payment “which was pending receipt of a Waiver of Lien.
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