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Retention release dates and defects records checked against the contract

Money still held

Retention recovery assessment

Retention is the balance that quietly never arrives. It is usually not refused, it simply stops being dealt with, and the reason is almost always a date or a defects item that nobody has closed out.

What you get

What we hand over to you

  1. 01

    What is held and by whom: the retention balance as it stands, reconciled against the certificates rather than against what anybody remembers.

  2. 02

    The dates that govern release: practical completion, the defects period and the release points, taken from the contract rather than from the usual pattern.

  3. 03

    The defects position: what remains outstanding, what has been closed out and what is being relied on to keep the money where it is.

  4. 04

    A route to recovery: what has to happen before the balance falls due, in order, with the notices the contract requires at each point.

The problem

Retention is not refused, it is forgotten

By the time the balance is due, the people who ran the project have moved on and the paperwork that would release it was never finished. The money sits there because nobody owns the step that frees it.

Retention release turns on events rather than on the calendar. Practical completion, the start and end of the defects period, the certificate that follows it. Each one has a date in the contract, and each one has a date in reality, and those two are often not the same.

The defects list is the usual sticking point. Items are raised, some are done, few are signed off, and the list is never formally closed. While it stays open, the balance has a reason to stay where it is.

There is also a simpler problem. On schemes that ran for years, nobody is certain what the retention figure actually is. Establishing the number from the certificates is frequently the first useful thing that happens.

What the assessment covers

Retention, traced back to the contract

A defined piece of work with a written deliverable and a clear scope. Fees are agreed individually based on the nature, complexity and scope of the matter.

01

Retention provisions

What the contract holds, at what percentage, in how many parts and against which events each part is released.

02

Practical completion

Whether it was certified, when, and what the certificate actually says, since the whole release sequence hangs off that date.

03

Defects and making good

The outstanding list, what has been closed out, and what the contract requires before the defects certificate can issue.

04

Release dates established

Each release point fixed from the contract and the certificates, so the question becomes whether the money is due, not when.

05

The balance reconciled

Retention deducted across the certificates against retention released, so the figure being chased is the right one.

06

Notices and next steps

What the contract requires you to serve, in what order, and what follows if the balance still does not move.

Retention rarely gets refused. It just stops being anybody's job.

How we approach it

This is a narrow piece of work and it is meant to stay that way. Where retention is the only money in question, it is far cheaper than a review of the whole account and it answers the question you actually have.

Where the retention argument turns out to be part of a wider disagreement about the account, we will say so, and the final account dispute review is the piece of work that fits instead.

Final account dispute review

Questions

Retention, answered directly

Practical completion was never certified. What then?

Then the release sequence has no starting point, which is a contractual problem before it is a money problem. The assessment establishes what did happen, what the contract treats as completion, and what follows for the balance.

The defects list has been open for two years. Is that normal?

It is common, and it is usually the reason the money has not moved. Most contracts set a period for making good rather than an open-ended one, so an old list is weaker ground for holding the balance than the paying side assumes.

Can you tell me what the retention figure actually is?

Yes, and on long schemes that is often the first useful output. The balance is reconciled from the certificates rather than taken from either side's spreadsheet, because in practice those two rarely agree.

Does this cover retention bonds?

Where a bond stands in place of cash retention, the assessment covers what the bond requires and when it falls away. The contractual question is the same: what has to happen before the security is released.