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Texas
Cash Flow Drain

Retainage & Withholding Risk Checker in Texas Construction Contracts

Retainage is money withheld from every progress payment (typically 5–10%) until final completion. Excessive or slow-released retainage strangles subcontractor cash flow — many states now cap retainage by statute.

Legal Risk · Texas

10% retainage statutorily authorized; must be released 30 days post-completion.

Texas Property Code Chapter 53 — 10% statutory retainage on private construction

Potential Dollar Impact
5% – 15% of Contract Sum

Typical exposure per project when a Retainage clause slips into a signed contract.

If you're the General Contractor

Texas allows up to 10% retainage but requires timely release. Late release triggers interest under §53.

If you're the Subcontractor

Track Texas' 30-day release trigger — any delay beyond that starts an interest clock in your favor.

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Sample Redline · Texas

The clause we flag — and the one we help you write instead.

Risky boilerplate
Common Retainage clause
“Contractor may withhold ten percent (10%) of each progress payment as retainage, to be released in full only upon Contractor's receipt of final payment and closeout of all subcontracts on the Project.”
Vowpace-recommended
Safer Texas-friendly rewrite
“Contractor shall withhold five percent (5%) of each progress payment as retainage. Retainage shall be reduced to two and one-half percent (2.5%) upon fifty percent (50%) completion. Subcontractor's retainage shall be released within thirty (30) days of Subcontractor's substantial completion of its scope, independent of other subcontracts on the Project.”
Three things to watch during negotiation
  • 1Push for early retainage reduction at 50% completion.
  • 2Separate your retainage release from other subs — don't be held hostage to a slow-poke.
  • 3Verify state statutory retainage caps — public projects often have stricter limits.
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Legal Disclaimer

Vowpace AI is a pre-signature contract clause-risk review tool. It does not provide legal advice, legal analysis, or binding legal services. Users are solely responsible for verifying and confirming AI-flagged clauses.