Illinois 2023-2024 Regular Session

Illinois Senate Bill SR0541

Introduced
10/24/23  

Caption

REVISE RETENTION POLICY

Impact

The bill aims to alleviate the financial burdens that reliance on a retention policy imposes on contractors. It highlights that this retention can deter contractors from taking on government projects due to delayed repayments, which essentially ties up their capital. By reforming this policy, SR0541 envisions a scenario where contractors can receive payments in a more timely manner, thus enabling them to reinvest in their business operations and stimulate local economies.

Summary

SR0541 seeks to revise the existing retention policy imposed on contractors dealing with governmental agencies, which currently mandates that 10% of the contracted amount remains withheld until project completion. This retention, labeled a 'forced loan', significantly hampers the financial flexibility and growth potential for contractors, as they are required to expend resources without timely reimbursement. Under current laws, this retention rate can be reduced to 5% halfway through a project, yet the financial strain on contractors persists as they often wait extended periods for the final payments once projects are concluded.

Contention

Opponents of the proposed changes emphasize that retention laws serve as an essential mechanism to enforce contractor accountability by ensuring project completion to government satisfaction. They argue that without the leverage provided by retainage, there is less incentive for contractors to meet quality and efficiency standards. Thus, the discussions surrounding SR0541 inevitably pit the need for financial relief for contractors against the perceived necessity for government oversight and contractor diligence.

Companion Bills

No companion bills found.

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