{"code":"PCC","codeName":"Public Contract Code","section":"10211","citation":"Pub. Contract Code, § 10211","status":"in-force","lawOn":"2026-09-28","headings":[{"name":"DIVISION 2. GENERAL PROVISIONS [1100. - 22355.]","url":"https://blackletter.si/public-contract-code/division-2"},{"name":"PART 2. CONTRACTING BY STATE AGENCIES [10100. - 19150.]","url":"https://blackletter.si/public-contract-code/division-2/part-2"},{"name":"CHAPTER 1. State Contract Act [10100. - 10285.5.]","url":"https://blackletter.si/public-contract-code/division-2/part-2/chapter-1"},{"name":"ARTICLE 6.5. Department of Water Resources Design-Build Projects [10200. - 10214.]","url":"https://blackletter.si/public-contract-code/division-2/part-2/chapter-1/article-6.5-department-of-water-resources"}],"history":"Added by Stats. 2021, Ch. 247, Sec. 4.   (SB 626)   Effective January 1, 2022.   Repealed as of January 1, 2033, pursuant to Section 10214.","effective":"2022-01-01","html":"<p>(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.</p><p>(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.</p>","text":"(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.","otherVersions":[],"url":"https://blackletter.si/public-contract-code/department-of-water-resources-design-build-projects-10211","source":"California Legislative Information bulk export (pubinfo)"}