Contracts Bulletin: Payment and Retainage

COVID-19 notwithstanding, every subcontractor has run into payment issues at some time. Now, more than ever, before signing anything, a subcontractor should carefully review payment provisions and procedures included in any contract.

COVID-19 notwithstanding, every subcontractor has run into payment issues at some time. Now, more than ever, before signing anything, a subcontractor should carefully review payment provisions and procedures included in any contract. This recently revised SMACNA Contracts Bulletin alerts members to payment and retainage issues they need to be especially mindful of when signing any future contracts.

Topics covered in this bulletin:

  • Factors the Contribute to Subcontractor Nonpayment
  • Key Questions to Ask When Reviewing a Subcontractor Agreement
  • Subcontractor Payment Rights Under ConsensusDocs 750
  • Other Form Contracts

This Contracts Bulletin was prepared by SMACNA’s general counsel, and all Members are strongly encouraged to read the update.


May 18, 2020 Contracts Bulletin

Latest Articles


Contracts Bulletin #98: Change Orders and Extra Work: Tools for Change

Jan 9, 2022 - This bulletin will discuss the basics for effectively implementing and incorporating changes into agreements, and will address how standard contracts, such as the American Institute of Architects.


Contracts Bulletin #125: COVID-19 Vaccine Mandate for Federal Contractors

Jan 9, 2022 - President Biden signed Executive Order 14042, “Ensuring Adequate COVID Safety Protocols for Federal Contractors.”


Contracts Bulletin #65 (2.0): Force Majeure – A Clause for Our Times

Jun 4, 2021 - The contract between my client and its customer set a specific production schedule, and had incentives and penalties if certain deadlines were not met. My client’s customer was demanding completion on schedule, and threatening to enforce penalties.