How to Recover Retention – Step by Step
Retention clauses are standard in the construction industry, but getting paid shouldn’t feel like a battle.
If you've completed the work and the defects liability period has passed, you’re entitled to your retention money yet many contractors find themselves chasing it months (or even years) later.
This guide explains how to recover retention in construction contracts yourself, and what to do if you're still being ignored.
1. Review the Contract Terms
Start by checking your contract for retention payment terms. Most construction contracts release retention in two stages:
50% on practical completion
50% after the defects liability period (usually 6–12 months later)
📌 Tip: If your contract is silent or unclear, standard construction industry terms (like JCT or NEC) may still apply.
2. Raise a Formal Retention Invoice
Many subcontractors forget this crucial step. Once the retention is due, raise an official invoice for retention payment. Without this, the main contractor may claim they were never asked to pay.
Make sure your invoice:
Clearly references the job or contract
States the date of practical completion
Confirms that the defects liability period has ended (if applicable)
3. Send a Friendly Payment Reminder
Start with a polite email attaching the retention invoice. Refer to the agreed due date and keep the tone professional. This often gets things moving without friction.
4. Follow Up in Writing (Recorded Post)
If you're still being ignored, escalate. Send a formal letter by recorded delivery confirming your right to the retention and requesting payment within a set timeframe.
5. Challenge Any Claimed Defects
A common excuse for non-payment is: “There are still defects.”
Ask for:
A written list of defects
Proof they were raised within the defect period
If they can’t provide specifics, you’re likely being stalled.
6. Set a Final Deadline for Payment
Make it clear: if payment isn’t received by [specific date], you’ll consider further action. This shows you’re serious, but still reasonable.
Still No Payment? Bring in the Experts
If you've:
Raised the invoice
Chased the payment professionally
Been fobbed off or completely ignored
…then it’s time to bring in expert support.
At Hays Collections Ltd, we specialise in recovering retention for tradesmen, subcontractors, and construction businesses professionally, quickly, and without damaging client relationships.
We’re trusted by construction firms across the UK to get retention money recovered often within days.
If you're stuck chasing retention payments, let’s have a quick chat about your options.
Hays Collections Ltd
info@hayscollections.com
01737 632249