Tennessee 2023-2024 Regular Session

Tennessee Senate Bill SB1201

Caption

AN ACT to amend Tennessee Code Annotated, Title 16, Chapter 15 and Title 66, relative to retainages.

Impact

The impact of SB1201 on state laws involves significant amendments to Title 16, Chapter 15, and Title 66 of the Tennessee Code. By specifically defining the processes and time frames for the release of retainage, the bill aims to ensure payment is made in a timely fashion to contractors who have completed their work satisfactorily. It implements penalties for parties that fail to comply, thus promoting fairness in contractor payments and potentially reducing disputes related to retainage.

Summary

Senate Bill 1201 aims to amend the Tennessee Code to clarify regulations surrounding retainage in construction contracts. Specifically, it addresses the timeliness and conditions under which retained funds must be released to contractors. The bill outlines provisions that require parties to release retained funds within a designated timeline following substantial completion of the work or upon receiving specific certifications, emphasizing a more structured approach to retainage payment in construction agreements.

Contention

While supporters of SB1201 advocate that it provides necessary protection for contractors, who often face delays in receiving payment, there are concerns raised by some stakeholders. Critics argue that the bill may inadvertently impose additional burdens on smaller subcontractors or create complex scenarios where misunderstandings about substantial completion could lead to legal disputes. The balance between protecting contractor interests and ensuring that project owners have adequate safeguards remains a point of contention.

Further_details

Moreover, the bill introduces new definitions and conditions under which retained funds may be withheld, including the ability for remote contractors to request early release of retention when their work is substantially completed. The legislation is designed to streamline the payment process, potentially enhancing overall efficiency in the construction industry within Tennessee.

Companion Bills

TN HB1276

Crossfiled AN ACT to amend Tennessee Code Annotated, Title 16, Chapter 15 and Title 66, relative to retainages.

Previously Filed As

TN HB1276

AN ACT to amend Tennessee Code Annotated, Title 16, Chapter 15 and Title 66, relative to retainages.

TN SB0475

AN ACT to amend Tennessee Code Annotated, Title 4; Title 39, Chapter 17 and Title 47, relative to sports .

TN HB1362

AN ACT to amend Tennessee Code Annotated, Title 4; Title 39, Chapter 17 and Title 47, relative to sports .

TN SB0409

AN ACT to amend Tennessee Code Annotated, Title 8; Title 18; Title 55 and Title 67, relative to court clerks.

TN HB0487

AN ACT to amend Tennessee Code Annotated, Title 8; Title 18; Title 55 and Title 67, relative to court clerks.

TN SB6001

AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 49; Title 8 and Title 49, relative to the Education Freedom Act of 2025.

TN HB6004

AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 49; Title 8 and Title 49, relative to the Education Freedom Act of 2025.

TN SB1692

AN ACT to amend Tennessee Code Annotated, Title 4; Title 5; Title 6; Title 7; Title 39; Title 47; Title 48; Title 55; Title 56; Title 62; Title 66 and Title 67, relative to parking.

TN HB1731

AN ACT to amend Tennessee Code Annotated, Title 4; Title 5; Title 6; Title 7; Title 39; Title 47; Title 48; Title 55; Title 56; Title 62; Title 66 and Title 67, relative to parking.

TN HB0542

AN ACT to amend Tennessee Code Annotated, Title 7; Title 13, Chapter 7; Title 65 and Title 68, relative to utilities.

Similar Bills

TN HB1276

AN ACT to amend Tennessee Code Annotated, Title 16, Chapter 15 and Title 66, relative to retainages.

MS HB1301

Construction contracts; provide certain requirements regarding retainage.

TX HB3913

Relating to retainage requirements for certain public works construction projects.

MS SB2762

Retainage; further define and outline the process related to.

MS HB272

Construction contracts; provide certain requirements regarding payment and retainage.

MN SF1714

Public contracts payment transparency requirement provision

MN HF1234

Payment transparency required in public contracts.

OR HB2870

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