{"data":{"id":"us-ca/pcc-22167","jurisdiction":"us-ca","citation":"PCC § 22167","heading":"","body":"(a) If the local agency elects to award a project pursuant to this article, retention proceeds withheld by the local agency from the design-build entity shall not exceed 5 percent if a performance and payment bond, issued by an admitted surety insurer, is required in the solicitation of bids.\n(b) In a contract between the design-build entity and a subcontractor, and in a contract between a subcontractor and any subcontractor thereunder, the percentage of the retention proceeds withheld may not exceed the percentage specified in the contract between the local agency and the design-build entity. If the design-build entity provides written notice to any subcontractor that is not a member of the design-build entity, prior to or at the time the bid is requested, that a bond may be required and the subcontractor subsequently is unable or refuses to furnish a bond to the design-build entity, then the design-build entity may withhold retention proceeds in excess of the percentage specified in the contract between the local agency and the design-build entity from any payment made by the design-build entity to the subcontractor.","path":["Public Contract Code - PCC","DIVISION 2. GENERAL PROVISIONS [1100. - 22355.]","PART 3. CONTRACTING BY LOCAL AGENCIES [20100. - 22199.6.]","CHAPTER 4. Local Agency Design-Build Projects [22160. - 22169.]"],"source_url":"https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zip","current_through":"2026-09-13","vintage":"","retrieved_at":"2026-09-14T05:56:33Z","sha256":"ddd275a2279772dbe762ce2223157e9e4a812a08d9167ca5f4f39f429d3d4369","source_id":"us-ca","stale":false,"prev":"us-ca/pcc-22166","next":"us-ca/pcc-22168"},"notice":"GroundRules: Original legal text. Not legal advice."}