Knowledge · Procurement

Retention and payment terms,
the money that moves last.

Retention is security money that outlives the job, and payment terms are the clock every dollar on the job runs on. This node covers how retention works on residential subcontracts, how supplier accounts differ from subcontract claims, why the builder in the middle wears the timing gap, and the ledger that stops held and owed retention becoming write-offs.

01 / Overview

What retention and payment terms are

Retention is a percentage withheld from each payment to a subcontractor, held by the builder as security that the work will be completed properly and defects made good. In the common structure, part of the withheld money is released when the work reaches practical completion and the remainder after the defects period ends. That structure is common practice, not law. The percentage, what it applies to and the events that release it are whatever the written subcontract says, and if the subcontract says nothing, there is no basis for withholding anything.

Payment terms are the other half of the same subject, the agreed clock on which money falls due. They are the last commitment settled in the procurement workflow and the one with the longest tail, because terms agreed at award keep operating until the final retention release, often months after the trade left site. Together they answer the two questions behind every dollar on a job, when it moves and what security sits behind it.

Why it matters

Terms decide the timing of the job's cash, and retention decides where a slice of the job's money spends the year after handover. Both fail quietly. A timing gap between what the client pays and what the trades are owed shows up as a squeeze nobody priced, and retention with no tracked release date drifts from security into write-off, in either direction. Neither failure looks like a decision at the time, which is exactly why both need a written record and a date.

02 / The lifecycle

The builder in the middle of the payment chain

A residential builder sits in the middle of two payment rhythms that do not naturally agree. Above sits the client, paying against progress claims at contract stages, money that arrives after the work it pays for is built. Below sit the trades, paid against subcontract claims, and the suppliers, paid on account terms that run from invoice or statement regardless of when the client's money lands. The gap between those rhythms is the cash flow squeeze, and it is structural, not a sign of a job going badly. How builders carry it is the subject of the construction cash flow reference.

Payment terms are where that gap is either designed or ignored. The commitments made through purchase orders and subcontracts fix when money will fall due, and the verification work covered in receiving and invoice matching decides which of those invoices deserve to be paid. What remains is the discipline of actually paying well, on the terms agreed, at the moment they fall due, which is the territory of the accounts payable guide. This node covers the terms themselves and the retention ledger that hangs off them.

03 / Process workflow

Running terms and retention properly

Eight steps, from setting the terms before work starts to the monthly ledger reconciliation. The diary entries in step four are the cheapest insurance on this page.

  1. 01

    Set the terms before the work starts

    Payment terms, any retention amount and the release triggers belong in the written subcontract or the supplier account application, agreed before the first claim, never negotiated after it.

  2. 02

    Mirror the money above and below

    Where the contracts allow, align what you pay trades with the cycle the client pays you on. Terms that ignore the claim cycle above them build a timing gap into every month of the job.

  3. 03

    Record retention as it is withheld

    Every payment that withholds retention creates two facts, the amount now held and the trigger that releases it. Both go into the ledger the day the payment is made, not at close-out.

  4. 04

    Diarise every release trigger

    Practical completion dates and defects period end dates go in the diary when the subcontract is signed. A release date nobody wrote down is a release that never happens.

  5. 05

    Inspect and release at the first trigger

    When practical completion arrives, inspect the work, agree what is due and pay the first release without being chased. Trades notice which builders do this.

  6. 06

    Close out the defects release

    When the defects period ends, resolve anything outstanding and release the balance. Retention held past its trigger stops being security and starts being a dispute.

  7. 07

    Chase the retention owed to you

    Retention withheld from your own claims under upstream contracts is a receivable with a date. Chase it the way you chase any other unpaid invoice.

  8. 08

    Reconcile the ledger monthly

    Retention held, retention owed and the next dates due, per job, reviewed with the rest of the job’s money. This is the ledger most spreadsheets quietly lose.

04 / Key mechanics

The six moving parts

Two instruments (retention and terms), two rhythms (supplier accounts and subcontract claims), and the two sides of the retention ledger.

Retention on subcontracts

A percentage withheld from each payment as security for performance and defects. Common practice on residential subcontracts, and the amount is whatever the subcontract says, not a law of nature.

Release in two stages

The common structure releases part of the retention at practical completion and the remainder after the defects period. The triggers, like the amounts, are set by the subcontract, nothing else.

Supplier account terms

Materials run on trade credit, an account with a due date measured from invoice or statement. No retention and no claims process, just terms, a credit limit, and deliveries that stop if either is breached.

Subcontract payment claims

Trades are paid against claims for work performed, assessed before payment. A different rhythm from supplier accounts, and the one Security of Payment legislation wraps statutory rules around.

Retention held

Money withheld from your trades. It sits in your bank account but it is not yours. It is a liability with a release date, and it should be honoured like any other payable.

Retention owed

Money withheld from you under upstream contracts. It is a receivable with a date, and it is the receivable builders forget to chase because no invoice ever falls due to prompt the call.

Two directions, one ledger

Retention runs in both directions through a building business. Downward, the builder withholds from trades, and every dollar held is a liability tied to a future event, usually practical completion and the end of the defects period (both covered in practical completion and defects liability). Upward, money can be withheld from the builder's own claims under contracts with developers or other builders, and every dollar owed is a receivable with a date. A retention ledger records both sides per job, amount, trigger and expected date, and it is the ledger most spreadsheets lose because no invoice ever falls due to keep it honest.

Payment rights run in both directions too. Security of payment legislation in every state and territory gives parties who carry out construction work statutory rights to progress payments, which means your subcontractors hold those rights against you just as you may hold them upward. The Acts differ by jurisdiction and run on strict deadlines, so the mechanism is covered once, properly, in the security of payment guide rather than restated here. The wider commercial terms on supply accounts, credit limits, retention of title and price validity, are covered in materials supply terms.

05 / Best practice

How experienced builders run retention and terms

The operator observation at the heart of this node is blunt. Retention quietly becomes a write-off when nobody tracks release dates. The subbie moves on to other jobs, the builder's spreadsheet tab goes stale, and money that was security for twelve months becomes a rounding error nobody can reconstruct at year three. Experienced operators treat the fix as ordinary bookkeeping rather than virtue, a retention ledger with dates, chased like any other receivable and honoured like any other payable. The release diary is checked monthly, the first release is inspected and paid at practical completion without a phone call from the trade, and the defects release goes out when the period ends, not when someone asks.

The reason to hold that discipline is not tidiness, it is relationship capital. The builders who came through the recent downturn best were not the ones with the most work but the ones who managed capacity, documented their processes and protected their margins, and one of the quietest expressions of that discipline is paying well. A builder who releases retention on time without being asked is the builder trades keep turning up for, and in a market where capable trades choose whose programme to prioritise, that reliability is worth more than a marginally sharper rate. The wider playbook is in building through a downturn, and the practices for holding those trade relationships are covered in supplier management.

The other side of the ledger is risk. A record 3,596 Australian construction companies entered external administration for the first time in FY 2024-25, up 21 per cent on the prior year, and construction tops the industry count for insolvencies. Retention owed to you is money sitting in someone else's business through that weather, and in practice it is very hard to recover from a business that fails. That is a reason to chase your own retention on its dates, and part of why some jurisdictions have moved to retention trust arrangements on certain contracts.

Where software fits the workflow

Traditionally the incoming side and the outgoing side live in different places, claims in one file, supplier terms in another, retention in a tab nobody owns. The change worth making is structural, one record of what is claimable, what is due and what is held. In VIABUILD the incoming side runs through progress claims built from the job's actual stage structure, so what the client owes and when it was claimed is a record rather than a recollection, and commitments to trades and suppliers carry their agreed terms from the day they are raised. The builder still decides what to pay and when; what disappears is the reconstruction of who is owed what before every decision.

06 / Australian considerations

Retention and payment terms under Australian law

Terms and retention sit inside a legal frame that differs by state and changes over time. The points below are labelled by evidence class and are general information, not legal advice. Confirm the current rules for your jurisdiction before relying on any of them.

  • Legislation. Security of Payment legislation in each state and territory gives parties who carry out construction work, and in many cases suppliers of related goods and services, statutory rights to progress payments, with strict deadlines and an adjudication process. Those rights bind the builder as the paying party just as they protect the builder as a claimant, and payment terms in subcontracts need to be written with the relevant Act in mind. Timeframes and forms differ by jurisdiction; see the security of payment guide and confirm the current Act for the state the work is in.
  • Legislation. Some jurisdictions have retention trust or project account schemes that regulate how retention money must be held on contracts above certain values, with rules that have changed over recent years. Whether a scheme applies to a given residential subcontract depends on the jurisdiction and the contract, so confirm against your state's current legislation or building regulator before relying on retention arrangements either way.
  • Common practice. Retention on residential subcontracts is commonly structured as a percentage withheld from each payment, released partly at practical completion and finally after the defects period. Amounts and triggers vary between builders and contracts; there is no universal percentage, and the subcontract is the only document that decides.
  • Common practice. Supply-only accounts run on trade credit terms rather than retention, and typically carry retention of title clauses over the goods until payment. The credit account application is a contract, and its terms bind the builder the same way a subcontract does.
  • Convention. Industry bodies (HIA, Master Builders) publish residential subcontract templates whose payment and retention clauses reflect state legislation. Most small builders are better served adapting these than drafting retention terms from scratch.

07 / Common mistakes

Where retention and terms actually go wrong

Every one of these is a record-keeping failure before it is a money failure. Each is cheap to prevent on the day the subcontract is signed and expensive at every point after.

Retention withheld but never recorded

The deduction is made, the ledger is not updated, and six months later nobody can say what is held, for whom, or against which trigger. Security has become a bookkeeping mystery.

Release dates nobody tracks

Retention with no diarised trigger quietly becomes a write-off for the subbie and a silent liability for the builder. Money that only moves when someone asks tends not to move.

Forgetting the retention owed to you

Builders chase invoices and forget retention, because no document falls due to prompt the call. That money is a receivable like any other, with the added risk that the party holding it may not survive the wait.

Retention without a contractual basis

A deduction the subcontract does not provide for is not retention, it is short payment, and Security of Payment legislation gives the trade a fast statutory route to dispute it.

Terms that ignore the claim cycle

Paying trades faster than the client pays you, with no cash buffer, builds the squeeze into the job. The gap is manageable when it is visible and dangerous when it is discovered.

Treating late payment as a lever

Stretching trades when cash is tight feels like a tool. It is a withdrawal from relationship capital, and in a soft market the best trades give their weeks to the builders who pay.

08 / Practical example

A worked retention ledger entry

Illustrative only, including the percentage, which is simply what this example's subcontract says. A carpentry subcontract worth $80,000 provides for retention of 5 per cent of each payment, half released at practical completion and half at the end of a defects period the subcontract defines. Across the job the builder withholds $4,000. The ledger entry made at signing records the trade, the amount building up, and two trigger events with expected dates. At practical completion the work is inspected and $2,000 is released with the final payment, unprompted. When the defects period ends the following winter, the diary flags it, one door adjustment is closed out, and the last $2,000 goes out that week.

Now run the same job without the ledger. The $4,000 is withheld through deductions on four payments, recorded nowhere except inside those payment calculations. Practical completion passes in the rush of handover. The carpenter, juggling other jobs, asks about it eight months later, and the builder spends an afternoon reconstructing four payment records to work out what is actually held. Multiply by every trade on every job, in both directions, and the afternoon becomes the reason retention is the money most likely to be simply lost.

09 / FAQ

Common questions.

Retention is a percentage withheld from each payment to a subcontractor, held by the builder as security that the work will be finished properly and defects made good. It is common practice on residential subcontracts rather than a legal requirement in itself, and everything about it, the percentage, what it is withheld from, and the events that release it, is whatever the written subcontract says. If the subcontract is silent, there is no basis for withholding it at all.

When the subcontract says so. The common structure is a release in two stages, part when the work reaches practical completion and the remainder when the defects period ends, but the actual triggers and timing are contractual. Some jurisdictions also regulate how retention money must be held or dealt with on certain contracts, so confirm the current rules for your state before relying on the contract alone. The practical discipline is the same either way, both dates go in a diary the day the subcontract is signed.

Every Australian state and territory has security of payment legislation giving parties who carry out construction work a statutory route to recover progress payments, with strict deadlines and an adjudication process that does not require going to court. Whether and how it applies to a particular claim, including a retention release, depends on the contract, the jurisdiction and the current Act, so this is general information rather than legal advice. The mechanism and its deadlines are covered in our security of payment guide, and a live dispute deserves proper advice.

Generally no. Supply-only accounts run on trade credit terms, an amount due by a date, with no performance security withheld, because there is no workmanship to secure. The supplier’s protections sit elsewhere, in the account terms, credit limits and any retention of title clause over the goods. Note that security of payment legislation can also cover suppliers of related goods and services, so a supplier is not without statutory remedies just because no retention changes hands.

As a ledger with dates, kept per job and per trade, in both directions. For each subcontract, the amount currently held, the trigger and expected date for each release, and what has already been released. For each upstream contract, the same facts about money withheld from you. Reviewed monthly alongside receivables and payables, it is a modest amount of bookkeeping. Left to memory and a spreadsheet tab, it is the line item that quietly disappears between jobs.

Because in a soft market the flow of money slows everywhere at once, clients pay slower, margins thin, and the businesses around you carry more risk of failing. Cashflow discipline, strong written terms, a current retention ledger and honest forecasting, is worth more exactly when the buffer is smallest. And when capable trades have their pick of builders to prioritise, the reliable payer holds the relationship that keeps the programme moving while competitors wait for a callback.

10 / Terms

Glossary for this topic

Retention (money withheld from payments as security for performance and defects), release trigger (the contractual event that makes retention payable), practical completion (the work finished apart from minor defects, as the contract defines it), defects period (the contractual period after practical completion for making defects good), trade credit (a supplier account with an agreed due date), payment claim (a claim for payment that can attract statutory rights under security of payment legislation), retention ledger (the per-job record of retention held and owed, with dates). Definitions for the wider vocabulary live in the construction glossary. From here the natural next article opens the next cluster, construction cost control, where the commitments and terms made in procurement become the numbers a job is steered by.

12 / Further reading

Primary sources

  • Your state or territory's Security of Payment legislation and building regulator, for payment timeframes, claim and schedule requirements, retention trust rules and adjudication rights in your jurisdiction.
  • HIA and Master Builders Australia, for residential subcontract templates whose payment and retention clauses are drafted against state legislation.
  • Your own signed subcontracts and supplier credit account terms on each job, the primary record of what was actually agreed about amounts, triggers and due dates.

Agree the terms once, and let the dates do the chasing.

VIABUILD keeps claims, commitments and terms on one understanding of the job, so what is owed, what is held and what falls due next is a record you check, not a history you reconstruct.