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Earlier editions: 2020-112018-11

TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS 68070-77655›CHAPTER 5.7. Superior Court Facilities 70301-70508›ARTICLE 7.1. Superior Court Design-Build Projects 70398-70398.7

§ 70398.6

California Government Code · 2026-10 edition · updated 2026-10-04 · California

(a) If the Judicial Council elects to award a project pursuant to this article, retention proceeds withheld by the Judicial Council 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.

(b) In a contract between the design-build entity and a subcontractor, and in a contract between a subcontractor and a subcontractor thereunder, the percentage of the retention proceeds withheld may not exceed the percentage specified in the contract between the Judicial Council and the design-build entity. If the design-build entity provides written notice to a 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 Judicial Council and the design-build entity from any payment made by the design-build entity to the subcontractor.

(Added by Stats. 2021, Ch. 79, Sec. 30. (AB 143) Effective July 16, 2021.)

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