Contracts; retainage bonds permitted in construction contracts, effective clause.
An Act to amend the Code of Virginia by adding a section numbered 11-4.7, relating to contracts; retainage bonds permitted in construction contracts.
Enacted
This bill passed the Legislature and reached final enactment based on the latest official action.
Sponsor
McPike
Last action
2026-04-08
Official status
Acts of Assembly Chapter
Effective date
Not listed
Plain English Breakdown
The official source does not specify that subcontractors are required to pass retainage bonds directly to owners through general contractors. This detail was removed as it is not supported by the provided text.
Construction Contracts: Retainage Bonds
This law allows contractors and subcontractors to use retainage bonds as a substitute for withheld funds in construction contracts, but it only takes effect if reenacted by the next legislative session.
What This Bill Does
Allows contractors or subcontractors to give an owner a retainage bond instead of withholding money from payments.
Defines what a 'retainage bond' is: a type of surety bond that covers the amount of money withheld as security in construction contracts.
Requires owners to release withheld funds within five business days if a contractor gives them a retainage bond.
Who It Names or Affects
Construction contract owners
General contractors
Subcontractors
Terms To Know
Retainage Bond
A type of surety bond that covers the amount of money withheld as security in construction contracts.
Owner
The person or entity who hires a contractor for a construction project.
Limits and Unknowns
This law will not take effect unless it is reenacted by the next legislative session.
It only applies to contracts made after the effective date, which has yet to be determined.
Amendments
These notes stay tied to the official amendment files and metadata from the legislature.
Reported from General Laws and Technology with amendment (15-Y 0-N)
2026-01-07General Laws and Technology
Referred to Committee on General Laws and Technology
2026-01-07Senate
Prefiled and ordered printed; Offered 01-14-2026 26101912D
2026-01-07Courts of Justice
Referred to Committee for Courts of Justice
2026-01-07Senate
Introduced bill reprinted 26101912D
Official Summary Text
Contracts; retainage bonds permitted in construction contracts.
Allows, in any construction contract between an owner and a general contractor or between a general contractor and a subcontractor, such contractor or subcontractor to tender a retainage bond, defined in the bill, as a substitute for retainage withheld as security in such contracts. The provisions of the bill do not become effective unless reenacted by the 2027 Session of the General Assembly.
Current Bill Text
Read the full stored bill text
An Act to amend the Code of Virginia by adding a section numbered
11-4.7
, relating to contracts; retainage bonds permitted in construction contracts.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered
11-4.7
as follows:
§
11-4.7
. Retainage bonds permitted in construction contracts.
A. As used in this section:
"Construction contract," "contractor," "general contractor," "owner," and "subcontractor" mean the same as those terms are defined in §
11-4.6
.
"Retainage bond" means a bond that names an owner as obligee issued by any surety company authorized to issue surety bonds in the Commonwealth in the amount of the retainage released pursuant to a construction contract.
B. In any construction contract between an owner and a general contractor, a contractor may tender to an owner a retainage bond with a written request for release of retainage in the amount of the retainage bond. The contractor shall either be entitled to receive cash payment of retainage or not be subject to the withholding of retainage to the extent of the security tendered, provided that the contractor is not in default of its agreement with the owner.
If the tender described in this subsection is made after retainage has been withheld, the owner shall, within five business days after receipt of the tender, pay to the contractor the withheld retainage to the extent of the retainage bond obtained. If the tender is made before retainage has been withheld, the owner shall, to the extent of the retainage bond obtained, refrain from withholding any retainage from the future payments.
C. In any construction contract between a general contractor and a subcontractor, a subcontractor may tender to the contractor a retainage bond with a written request for release of retainage in the amount of the retainage bond. The contractor shall tender the subcontractor's retainage bond to the owner with a written request as described in subsection B. Provided that the subcontractor is not in default of its agreement with the contractor, the contractor shall pay the subcontractor, except that the contractor shall not be required to pay retainage in excess of the amount properly attributable to work completed by the subcontractor at the time of payment. Provided that the subcontractor is not in default of its agreement with the contractor, the contractor shall refrain from withholding retainage from payments to the subcontractor to the extent the owner has refrained from withholding retainage from payments to the contractor on account of the subcontractor's retainage bond.
D. A contractor or subcontractor that has tendered a retainage bond pursuant to this section shall be entitled to receive all interest and income earned on account of such retainage bond.
2. That the provisions of this act shall not become effective unless reenacted by the 2027 Session of the General Assembly.