Starting in 2026, California will cap retention in private construction contracts at 5%, matching public works standards. The rule excludes non-mixed-use residential projects under four stories and applies across all contractor-subcontractor levels. Lower retention rates for direct contractors will extend to subcontractors. Advocates say that the cap will ease financial strain, especially for smaller firms. Owners may respond with stricter bonding requirements, potentially raising construction costs due to reduced protection against non-performance.

Winston will continue to monitor developments and provide updates as they become available. Please contact your Winston relationship partner should you have any questions or to request further information.

In today’s digital marketplace, direct sellers rely heavily on electronic agreements to govern their relationships with customers, vendors, and partners. But whether these electronic agreements are enforceable depends, at least in part, on how your policies and other terms are presented to users and the way assent is obtained. Courts scrutinize these issues closely, emphasizing that even minor design choices can make the difference between a binding electronic agreement and an unenforceable set of terms.