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Build UK has set out a new set of minimum standards for using cash retentions, which the organisation has described as “problematic” for all parties in the construction supply chain.
The Minimum Standards on Retentions are based on principles including:
- Any arrangements for retention are no more onerous than those implemented by the client in the tier 1 contract
- Retentions are only deducted from payments made in respect of permanent works
- Any retention is deducted from the payment immediately following practical completion
- Retentions should be progressively phased out on the basis of contract value.
Build UK has also provided detailed drafting guidance for incorporating the standards into both JCT and NEC forms of contract.
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