Laserfiche WebLink
based on the contractor's assessment of the subcontractor's past performance , the likelihood that such <br /> performance will continue , and the contractor's ability to rely on other safeguards . The contractor shall <br /> notify the subcontractor, in writing , of its determination to withhold more than 5 percent of the progress <br /> payment and the reasons for making that determination , and the contractor may not request the release <br /> of such retained funds from the local governmental entity. <br /> (d ) . After 50-percent completion of the construction services purchased pursuant to the contract, the <br /> contractor may present to the local governmental entity a payment request for up to one- half of the <br /> retainage held by the local governmental entity. The local governmental entity shall promptly make <br /> payment to the contractor, unless the local governmental entity has grounds , pursuant to paragraph (f) , <br /> for withholding the payment of retainage. If the local governmental entity makes payment of retainage to <br /> the contractor under this paragraph which is attributable to the labor, services , or materials supplied by <br /> one or more subcontractors or suppliers , the contractor shall timely remit payment of such retainage to <br /> those subcontractors and suppliers . <br /> (e) This section does not prohibit a local governmental entity from withholding retainage at a rate less <br /> than 10 percent of each progress payment, from incrementally reducing the rate of retainage pursuant to <br /> a schedule provided for in the contract, or from releasing at any point all or a portion of any retainage <br /> withheld by the local governmental entity which is attributable to the labor, services , or materials supplied <br /> by the contractor or by one or more subcontractors or suppliers . If a local governmental entity makes any <br /> payment of retainage to the contractor which is attributable to the labor, services , or materials supplied by <br /> one or more subcontractors or suppliers , the contractor shall timely remit payment of such retainage to <br /> those subcontractors and suppliers . <br /> (f) This section does not require the local governmental entity to pay or release any amounts that are the <br /> subject of a good faith dispute , the subject of a claim brought pursuant to s . 255 . 05 , or otherwise the <br /> subject of a claim or demand by the local governmental entity or contractor. <br /> (g) The time limitations set forth in this section for payment of payment requests apply to any payment <br /> request for retainage made pursuant to this section . <br /> ( h ) Paragraphs (a)-(d ) do not apply to construction services purchased by a local governmental entity <br /> which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and <br /> regulations or requirements that are contrary to any provision of the Local Government Prompt Payment <br /> Act. <br /> ( i ) This subsection does not apply to any construction services purchased by a local governmental entity <br /> if the total cost of the construction services purchased as identified in the contract is $200 , 000 or less . <br /> 7 <br />