Meaning
Financial safeguards involve withholding a portion of a contract price until a specific milestone or the final acceptance of goods is achieved. A retainage fee acts as a form of security to ensure that the supplier completes all finishing work and corrects any minor defects discovered after delivery. It governs the final settlement of a project and provides the buyer with leverage during the closing stages of a contract.
This withholding is limited by the terms of the agreement and cannot be held indefinitely once the conditions for release are met.
Performance Security
The amount withheld is typically five to ten percent of each progress payment or the total invoice value. This money is set aside in a separate account or simply deducted from the wire transfer. It provides a pool of funds that the buyer can use to hire a third party if the original supplier refuses to fix errors.
Release Condition
Payment of the retained funds usually occurs after a successful site acceptance test or the passing of a specific time period without defects. The supplier must submit a formal request for the release of the retainage fee along with all final documentation and warranties.
Statutory Interest
Chinese law provides some protection for suppliers by requiring that retainage be released within a reasonable time. If a buyer holds the funds without cause after the liability period, they may be liable for interest on the unpaid amount. This balances the protection of the buyer with the cash flow needs of the manufacturer.