Mississippi 2024 Regular Session

Mississippi Senate Bill SB2762

Introduced
2/19/24  
Refer
2/19/24  
Engrossed
3/13/24  
Refer
3/18/24  
Enrolled
4/15/24  

Caption

Retainage; further define and outline the process related to.

Impact

The introduction of SB2762 is expected to bring clarity and consistency to the management of payments in public works contracts across the state. By establishing clear rules around the maximum retainage and the conditions under which it can be withheld or released, the bill aims to protect contractors and subcontractors from potentially unfair practices and excessive holdbacks that can jeopardize cash flow and financial planning. This legislative proposal is an important step in ensuring that funds are available for contractors when they are due, thus supporting the construction industry's economic stability.

Summary

Senate Bill 2762 seeks to implement standardized guidelines regarding retainage in construction contracts within Mississippi. Specifically, the bill defines 'retainage' as the portion of a contractor's earnings that an owner retains until the satisfactory completion of a project. The maximum retainage amount stipulated is set at five percent (5%) of the contract proceeds until project completion. The bill also addresses the release timing of retainage, mandating that payments be finalized no later than sixty days after project completion, contingent upon the issuance of necessary certificates of occupancy.

Sentiment

The sentiment surrounding SB2762 appears to be largely positive, particularly among contractors and construction industry stakeholders who have expressed support for the regulations set forth. The clarity in payment processes stands to foster a fairer working environment. However, some concerns may exist regarding the exact implementation and enforcement of these guidelines, particularly how different agencies might apply them across various types of projects. Advocacy for these provisions reflects a broader drive towards protecting contractor rights and promoting industry standards.

Contention

Notable points of contention may arise from those who fear that rigid regulations could limit flexibility in contractual agreements between parties. Some stakeholders might argue that enforcing a strict five percent retainage cap and fixed release timeline could undermine the negotiating power of individual project owners. Queries around whether the bill adequately addresses disputes regarding retainage and whether it might inadvertently favor one party over another will likely feature in ongoing discussions. These debates will be critical in shaping the final outcomes of the bill as it progresses through the legislative process.

Companion Bills

No companion bills found.

Previously Filed As

MS HB878

Construction certificate of responsibility; increase to $75,000.00 and align bond requirement.

MS SB2848

Public works construction; performance bond not required if contract is less than $50,000.00 and paid in two equal installments.

MS SB2854

Public works contracts; raise monetary threshold for performance bond requirement of.

MS HB986

Transportation; allow public and private partnerships to establish electric vehicle charging stations.

MS HB1669

Sales tax; revise defintion of "gross proceeds of sales" and "installation charges" and exempt certain services.

MS SB2515

Counties and municipalities; modernize and simplify notice publication process for.

MS HB485

Sexual assault evidence kit; regulate the processing of.

MS SB2355

Socially and economically disadvantaged small business; establish program to encourage participation in state contracts by.

MS SB2845

Construction manager at risk program; exempt under public bidding laws.

MS HB875

Public purchases; revise bidding requirements for certain projects and other related to Mississippi Landmarks.

Similar Bills

MS HB272

Construction contracts; provide certain requirements regarding payment and retainage.

MS HB1301

Construction contracts; provide certain requirements regarding retainage.

MI HB4837

Construction: contracts; prompt payment law; establish for contractors to pay subcontractors and suppliers in a timely manner. Creates new act.

MI SB0451

Construction: contracts; prompt payment law; establish for contractors to pay subcontractors and suppliers in a timely manner. Creates new act.

OH HB203

Require private construction project owner timely pay contractors

OH HB288

Require construction project owners to timely pay contractors

TX HB692

Relating to retainage requirements for certain public works construction projects.

OR HB4006

Relating to submitting surety bonds in lieu of retainage; declaring an emergency.