{"code":"GOV","codeName":"Government Code","section":"70398.6","citation":"Gov. Code, § 70398.6","status":"in-force","lawOn":"2026-09-28","headings":[{"name":"TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070. - 77655.]","url":"https://blackletter.si/government-code/title-8"},{"name":"CHAPTER 5.7. Superior Court Facilities [70301. - 70508.]","url":"https://blackletter.si/government-code/title-8/chapter-5.7"},{"name":"ARTICLE 7.1. Superior Court Design-Build Projects [70398. - 70398.7.]","url":"https://blackletter.si/government-code/title-8/chapter-5.7/article-7.1"}],"history":"Added by Stats. 2021, Ch. 79, Sec. 30.   (AB 143)   Effective July 16, 2021.","effective":"2021-07-16","html":"<p>(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.</p><p>(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.</p>","text":"(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.","otherVersions":[],"url":"https://blackletter.si/government-code/superior-court-design-build-projects-70398-6","source":"California Legislative Information bulk export (pubinfo)"}