Main contractor refusing to pay retention — 12 months past practical completion

smallworks_subby_kent

General Builder

1y ago

I have the PC certificate but not a formal DLP sign-off. Could this be their get-out?

qs_nigel

SubbHubb member

1y ago

Potentially. Send them a formal letter requesting confirmation of DLP expiry and make clear you will proceed to adjudication within 21 days if retention isn't released. Often just the mention of adjudication unlocks a payment that's been sitting there for months. These things frequently resolve the moment the main contractor realises you're serious.

qs_nigel

SubbHubb member

1y ago

Send a formal letter before action (LBA) via recorded post to the main contractor. Give them 14 days to pay. If they don't respond or continue ignoring, you have two main options: adjudication (fast, industry specific, binding) or small claims/county court (cheaper but slower). For £14k adjudication is probably worthwhile. RICS and RIBA both have referral services. This is absolutely recoverable, don't walk away from it.

commercialcarla_subby

SubbHubb member

1y ago

Also check whether the defects liability period has been formally closed out. Sometimes contractors try to argue the clock is still running because they issued a snagging list that was never signed off. Make sure you have written confirmation the DLP ended.