Maine retainage

Who and what this applies to

Construction contracts under Title 10, chapter 201-A, including covered public owners. Department of Transportation contracts and material purchases by a person working on their own property are excluded (§§1111, 1112, 1120).

Thresholds and scope

Section 1116 sets release rules rather than a retainage percentage.

The rules

• Retainage due upon completion must be paid within 30 days after final acceptance. If the owner holds none for a sub’s work, the contractor may retain as agreed but must pay it within 30 days of final acceptance. Source
• Notwithstanding a contrary agreement, retainage received must pass to the sub/supplier entitled to it within seven days. Unreasonable withholding of acceptance or failure to pay invokes the chapter’s interest, penalty and fee provisions. Source
• The chapter excludes DOT contracts and owners’ own-work material purchases. Source
• Own-property material-purchase contracts are excluded. Source
• Covered owners include the State and its subdivisions. Source

Primary sources

• 10 M.R.S. §1116(1)-(2)
• 10 M.R.S. §1116(3)-(4)
• 10 M.R.S. §1112
• 10 M.R.S. §1120
• 10 M.R.S. §1111(6)

Sources reviewed 2026-09-30. This guide covers the projects and rules stated above.

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