Ohio House Bill 96 led to changes in retainage language in the Ohio Revised Code. These changes went into effect in September of 2025. The language that led to the 8% of the first 50% of the contract amount being withheld has been changed/removed. There don't appear to be any new requirements or guidance in state law about percentage to be withheld or a cap. The Ohio Facilities Construction Commission appears to be using 4% of labor costs for retainage on building projects. Some internet searches have come back saying ODOT isn't withholding any retainage on some projects. It seems there is a reduction in state requirements and guidance. What are you all doing for retainage on your projects? Has the change at the state level changed what you are doing?
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Don O'Connor P.E., M.ASCE
Miami Conservancy District
Dayton OH
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