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Bill

Bill

HB 1311

Retainage Surety Bond Construction Contracts

2026 Regular Session

Allows Colorado construction contractors to substitute surety bonds for retainage payments, improving cash flow while maintaining owner protections through alternative financial security mechanisms.

Governor Signed
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WeVote Research Nonpartisan
Bill Summary · HB 1311

Legislative bill overview

HB 1311 modifies Colorado's construction contract requirements by allowing contractors to use surety bonds as an alternative to traditional retainage (money withheld from payments). The bill appears designed to improve cash flow for construction companies by providing a financial security mechanism that substitutes for holding back portions of contract payments until project completion.

Why is this important

Retainage practices in construction can strain contractor finances, particularly for small and mid-sized firms that depend on consistent cash flow. This bill could increase construction industry liquidity while maintaining financial protections for project owners and subcontractors through bonding requirements. The outcome may affect construction project timelines, contractor competitiveness, and whether payment practices become more uniform across the state.

Potential points of contention

  • Cost burden: Surety bonds carry premiums that contractors must pay; opponents may argue this simply shifts costs rather than eliminating them, potentially disadvantaging smaller contractors who face higher bonding rates
  • Bonding company requirements: Establishing which surety bond types qualify and what coverage amounts are required could create compliance complexity and disputes over adequacy
  • Subcontractor protections: Unclear whether surety bond substitution provides equivalent protections for subcontractors and suppliers compared to direct retainage funds held by primary contractors

Compiled from official sources — confirm details with the bill’s official record.

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