Yes.
The deadlines and the preliminary Notice requirements are different depending upon whether you are making a Payment Bond Claim for “unpaid progress payments” or purely for “unpaid withheld contractual retainage.” “Contractual retainage” is any amount withheld by the contractor who hired you from your monthly progress payments. Typically, the amount withheld is 5% to 10% of your overall contract and is not due until the entire Project is complete.
Practice Pointer
You can combine a Claim for unpaid progress payments and unpaid withheld retainage if the retainage is due at the time you make the Claim.
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