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SB739 • 2026

Construction contracts; prohibiting certain entities from withholding retainage for certain contracts. Effective date.

Construction contracts; prohibiting certain entities from withholding retainage for certain contracts. Effective date.

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
Stewart
Last action
2025-02-20
Official status
Coauthored by Representative West (Kevin) (principal House author)
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Construction contracts; prohibiting certain entities from withholding retainage for certain contracts. Effective date.

Construction contracts; prohibiting certain entities from withholding retainage for certain contracts.

What This Bill Does

  • Construction contracts; prohibiting certain entities from withholding retainage for certain contracts.
  • Effective date.
  • Bill Summaries/Fiscal Impact for SB 739 (Senate): Introduced (1/15/2025)

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2025-02-20 Senate

    Coauthored by Representative West (Kevin) (principal House author)

  2. 2025-02-13 Senate

    Placed on General Order

  3. 2025-02-11 Senate

    Reported Do Pass Local and County Government committee; CR filed

  4. 2025-02-04 Senate

    Second Reading referred to Local and County Government

  5. 2025-02-03 Senate

    First Reading

  6. 2025-02-03 Senate

    Authored by Senator Stewart

Official Summary Text

Construction contracts; prohibiting certain entities from withholding retainage for certain contracts. Effective date.
Bill Summaries/Fiscal Impact for SB 739 (Senate): Introduced (1/15/2025)

Current Bill Text

Read the full stored bill text
SENATE FLOOR VERSION - SB739 SFLR Page 1
(Bold face denotes Committee Amendments)
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SENATE FLOOR VERSION
February 11, 2025

SENATE BILL NO. 739 By: Stewart

An Act relating to construction contracts; amending
61 O.S. 2021, Section 113.1, as amended by Section
24, Chapter 238, O.S.L. 2022 (61 O.S. Supp. 2024,
Section 113.1), which relates to retainage;
prohibiting certain entities from withholding
retainage for certain contracts; and providing an
effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 61 O.S. 2021, Section 113.1, as
amended by Section 24, Chapter 238, O.S.L. 2022 (61 O.S. Supp. 2024,
Section 113.1), is amended to read as follows:
Section 113.1. A. A public construction contract shall provide
for partial payment based upon work completed. The contract shall
provide that up to five percent (5%) of all partial payments made
shall be withheld as retainage until the project is fifty percent
(50%) complete as determined by the awarding agency. When the
awarding public agency determines that the project is at least fifty
percent (50%) complete, the retainage amount shall be two and one-
half percent (2.5%) with respect to the balance of the work.

SENATE FLOOR VERSION - SB739 SFLR Page 2
(Bold face denotes Committee Amendments)
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B. The Department of Transportation or the Oklahoma Turnpike
Authority shall not withhold retainage on public construction
contracts awarded by the Department or the Authority.
C. The Department of Transportation shall not withhold
retainage or require any bond on projects awarded to railroads on
the railroad’s privately owned or operated rail property.
D. Construction contracts or subcontracts subject to a bond
shall not withhold retainage.
SECTION 2. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON LOCAL AND COUNTY GOVERNMENT
February 11, 2025 - DO PASS