<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".01" citation="COMAR 21.06.06.01" title_num="21" subtitle_num="06" chapter_num="06" heading="Construction Contract Retainage.">
  <paragraph num="A.">
    <text>This regulation applies to a construction contract for which a contractor has furnished 100 percent payment security and 100 percent performance security.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The percent for retainage specified in a contract under §A of this regulation may not exceed 5 percent of the contract amount.</text>
  </paragraph>
  <paragraph num="C.">
    <text>In addition to retainage, a primary procurement unit and the Maryland Transportation Authority may withhold from payments otherwise due a contractor an amount that the unit reasonably believes is necessary to protect the State's interest.</text>
  </paragraph>
  <paragraph num="D.">
    <text>A contractor may not retain from a payment due a subcontractor a percent of the payment greater than the percent for retainage retained by the primary procurement unit or the Maryland Transportation Authority.</text>
  </paragraph>
  <paragraph num="E.">
    <text>A subcontractor may not retain from a payment due a lower-tier subcontractor a percent of the payment greater than the percent of payments retained from the subcontractor.</text>
  </paragraph>
  <paragraph num="F.">
    <text>A contractor and a subcontractor are not prohibited, by §§D and E of this regulation, from withholding an amount in addition to retainage if the contractor or subcontractor determines that a subcontractor's performance under the subcontract provides reasonable grounds for withholding the additional amount.</text>
  </paragraph>
</regulation>