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Rep Will Davis introduces Illinois State Agency Retainage Act to improve contractor oversight

March 07, 2025 | Introduced, House, 2025 Bills, Illinois Legislation Bills, Illinois


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Rep Will Davis introduces Illinois State Agency Retainage Act to improve contractor oversight
Illinois House Bill 1224, introduced on March 7, 2025, aims to enhance accountability in state contracts by establishing the State Agency Retainage Act. This legislation allows state agencies to withhold a portion of payments to contractors or subcontractors if satisfactory progress is not met, a move designed to ensure that public funds are used effectively and that projects stay on track.

Under the proposed law, agencies can retain up to 10% of payment amounts until a contract reaches 50% completion. After that milestone, the retainage drops to a maximum of 5% for the remainder of the contract. This structure is intended to incentivize contractors to meet deadlines and maintain quality standards. Additionally, the bill allows for adjustments to retainage based on performance, providing flexibility for agencies to reward exceptional work.

The bill has garnered bipartisan support, with six Democratic sponsors backing its introduction. However, it has sparked discussions about the balance between protecting taxpayer interests and ensuring that contractors are not unduly penalized, which could lead to delays in project completion. Critics argue that excessive retainage could discourage smaller contractors from bidding on state projects, potentially limiting competition.

The implications of HB1224 are significant, as it seeks to streamline state contracting processes while safeguarding public funds. If passed, the bill could reshape how state agencies manage contractor relationships, potentially leading to more efficient project delivery and better use of taxpayer dollars. As the legislative session progresses, stakeholders will be closely monitoring debates surrounding this bill, which could set a precedent for future contracting practices in Illinois.

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