Section 10194 Of Article 6. State Agency Design-build Projects From California Public Contract Code >> Division 2. >> Part 2. >> Chapter 1. >> Article 6.
10194
. (a) If the department elects to award a project pursuant to
this article, retention proceeds withheld by the department 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 any
subcontractor thereunder, the percentage of the retention proceeds
withheld may not exceed the percentage specified in the contract
between the department and the design-build entity. If the
design-build entity provides written notice to any 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 department and the design-build entity from any
payment made by the design-build entity to the subcontractor.