New Hampshire retainage

Who and what this applies to

State-agency retained payments under RSA 21-I:20 and NHDOT federally assisted contracts under its DBE program.

Thresholds and scope

RSA 21-I:20 applies to state-agency contracts exceeding $500,000 with retention pending acceptance.

The rules

• A covered contractor can withdraw retention by depositing permitted securities with the State Treasurer: initial deposit at least $10,000, each security at least $5,000, and withdrawal no more than the lesser of market or par value. Income goes to the contractor, subject to contractual deductions. Source
• NHDOT’s DBE program declines retention from prime contractors and prohibits primes from retaining subcontractor payments in its federally assisted contract provisions. Source

Primary sources

• RSA 21-I:20
• NHDOT DBE Program Manual §26.29, pp.8–9

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

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