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Under what circumstances may a contractor "appropriate" a subcontractor's retainage?

ArizonaRetainage

Under what circumstances may a contractor "appropriate" a subcontractor's retainage? If the Contractor can what is the process? The project is in Arizona.

1 reply

Sep 23, 2021
Your answer depends entirely upon the terms of the contract and a large number of factual issues: has someone breached the contract? Are there back charges that are valid? Have there been delays and are their LDs. Those are just a few. The answer to your questions is, sometimes, but it cannot be answered without a lot more detail and most importantly the contract itself.
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