Professional Documents
Culture Documents
RETENTION FUND
SYAMSUL IKMAL BIN ABD. NASIR
MOHD HELMI B MOHD NASIR
NIK KHAIRUL AZIM BIN MUSTAFA KAMAL
RETENTION
FUND
1.0 INTRODUCTION
Employer can recover the loss through deduction from the amount payable
to the contractor in the interim and final certificates.
Clause 30.6(b)
When the Employer exercises any right under the Contract to deduct
from any monies due to or become due to the Contractor or where
applicable, the Nominated Sub-Contractors or Nominated Suppliers, he
shall inform the relevant party in writing of the reason for that
deduction.
Clause 30.6(c)
Upon the issuance of the Certificate of Practical Completion, the
Architect shall within fourteen (14) Days issue a Certificate for the
release of one half of the Retention Fund and the Contractor shall be
entitled to payment thereafter within the Period of Honoring
Certificates.
3.0 RETENTION MONEY
There is a limit to the level of the retention fund. Usually 5% of the sum of each
interim payment.
Once the project is complete, the consultant will issue a ‘Certificate of Practical
Completion’.
This is the ‘maintenance period’ or ‘defects liability period’. At the end of the
period the consultant will make a list of defects still outstanding.
When all ‘defects’ are complete and have been validated by the consultant, the
retention money will be released.
In Re Tout v Finch Ltd. (1954), the interest earned from the investment using
money held accrue to the employer and not the contractor against whom the funds
have been retained.
3.0 RETENTION MONEY (Cont’d)
The contractor has the right to ask the employer to keep the money in the trust account to
be held by a stakeholder appointed by the contractor.
In the clause 30.6(a), ‘the Employer's interest in any amount so retained shall be fiduciary
as trustee for the Contractor…for such Retention Fund to be paid into a trust account,
such fund shall be paid by the Employer within fourteen (14) Days into an escrow
account…’
< 14 days
4.0 USE OF RETENTION FUND
The money retained by the employer can be used at any time when ever there is non-
performance of the contract by the contractor.
The government has the right to set-off an amount to cover its lost and expense arising
from contractor’s non performance.
The affected party can contest the employer’s decision and bring
the matter to arbitration.
5.0 AMOUNT OF RETENTION
Clause 30.5
• ‘The Employer may retain the percentage of the total value of
the work, materials and goods referred to in Clause 30.2, which
is stated in the Appendix as Percentage of Certified Value
Retained. When the sum of the amounts so retained equals the
amount stated in the Appendix as Limit of Retention Fund or
that amount as reduced under Clauses 16.1(d) and 16.1(f) and/or
Clause 27.7, as the case may be, then no further amounts shall
be retained by the virtue of this clause.’
Limit or retention money = RM 20,000,000.00 x 5 %
= RM 1,000,000.00
The amount to be retained in this payment is RM 1,000,000.00 since the amount that can be retained
must not be greater than the amount stated as the Limit of retention money in the Appendix to tender.
Example 2
Assumptions:
Contract sum : RM 6,400,000.00
Value of Preliminaries certified : RM 350,000.00
Value of work executed to date : RM 2,500,000.00
Value of material on site : RM 250,000.00
Percentage of retention stated in the Appendix to tender : 10%
Limit of retention money stated in the Appendix to tender : 5% of contract sum
Gross value of work executed = RM 350,000.00 + RM 2,500,000.00 + RM 250,000.00
= RM 3,100,000.00
Deduction for retention money = RM 3,100,000.00 x 10%
= RM 310,000.00
Limit or retention money = RM 6,400,000.00 x 5 %
= RM 320,000.00
The amount to be retained in this payment is RM 310,000.00
6.0 PAYMENT OF RETENTION FUND
Clause 30.6(d)
‘ upon the issuance of the Certificate of Making Good Defects, the Architect shall within
fourteen (14) Days issue a certificate for the residue of the amount then so retained and the
Contractor shall be entitled to payment within the Period of Honouring Certificates.’
• Half of the amount so retained upon the issue of the Certificate of Practical Completion for the
whole of the work, and
• The other half upon the issuance of Certificate of Completion of Making Good Defects for the
work.
i.e. the contractor is paid RM9.50m as RM500,000.00 is retained as retention sum.
i.e. the contractor is paid RM9.75 as half of the amount retained has been released.
• Release of retention fund upon issuance of
C.C.M.G.D
Gross amount due to the contractor = RM 10,000,000.00
Less Previous Payments = RM 9,750,000.00
RM 250,000.00
Deduct Retention money (Released 5%) = RM 0.00
Net amount due to contractor = RM 250,000.00
i.e. the whole amount of RM10,000,000.00 has been paid to
the contractor as no more money is retained as retention
sum.
7.0 RETENTION FUND IN PARTIAL
POSSESSION BY EMPLOYER
• The amount retained for the relevant part must be released when
the section is occupied by the employer
• The total amount retained for the relevant part is equal to 5% of
the value of that part i.e. the same percentage that is used to
determine the limit of retention fund for the whole work.
Limit of retention money of the relevant part = 5% of RM 2,000,000.00
= RM100, 000.00
Limit of retention money for the contract = RM500,000.00
Deduct half of amount retained (2.5% value of relevant part) = RM 50,000.00
New Limit of retention money for the contract = RM450, 000.00
Clause 16.1(f)
‘ upon the issuance of the Certificate of Making Good Defects of
the Occupied Part, the Architect shall within fourteen(14) Days
issue a certificate for the release of the remaining amount of the
Retention Fund in respect of the Occupied Part. The Contractor
shall be entitled to payment within the Period of Honouring
Certificate.’
• The limit of retention fund for the contract is then reduced by the
total amount of the retention fund released.
• Example: Deduction for second half of retention money
Assumptions:
Limit of retention money = RM 450,000.00
Limit of retention money of the relevant part
= 5% of RM2,000,000.00
= RM 100,000.00
Limit of retention money for the contract = RM 450,000.00
Deduct remaining amount retained
(2.5% value of relevant part) = RM 50,000.00
New Limit of retention money for the contra= RM 400,000.00
~THE END~