Recovering retention is not always easy. Companies struggling for cashflow tend to find reasons not to release retention. Usually they say that there are defects or that they are waiting for their own retention release from the Employer. The latter is always a bad argument, Sections 110 and 113 of the Housing Grants Construction and Regeneration Act 1996 specifically prohibit parties paying only when they are paid or certified themselves. If retention is to be withheld by reason of defects then the paying party must comply with the notice provisions for withholding/paying less under the contract and/or Section 111. If no valid notice to pay less is served then the retention must be repaid even if real defects exist.
Helix law will diagnose your retention dispute and if the other party have no grounds to withhold then the retention can be recovered on a no win no fee basis.
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