# Virginia — Construction retainage limits by US state — maximum withholding percentages, release deadlines, escrow requirements, and public vs private distinctions with statutory citations

For Virginia, public project retainage cap (%) is 5%; private project retainage cap (%) is no statutory cap; release deadline is included in the final payment; escrow required is no; milestone reduction is none, recorded from its source on 2026-08-15.

- **State:** Virginia
- **Public project retainage cap (%):** 5%
- **Private project retainage cap (%):** no statutory cap
- **Release deadline:** included in the final payment _(verified: appears in the quote below)_
- **Escrow required:** no _(verified: appears in the quote below)_
- **Milestone reduction:** none
- **Statutory citation:** Va. Code § 2.2-4333

## What the source says

> the contractor shall be paid at least ninety-five percent of the earned sum when payment is due, with no more than five percent being retained to ensure faithful performance of the contract. All amounts withheld may be included in the final payment.

## Source

- https://law.lis.virginia.gov/vacode/2.2-4333/

Last verified: 2026-08-15. Review by: 2027-08-15.
Part of [Construction retainage limits by US state — maximum withholding percentages, release deadlines, escrow requirements, and public vs private distinctions with statutory citations](https://referencesource.org/construction-retainage-limits-by-state/).