UK&I NI Retentions and payment protection: what’s changing and what to do next

Overview

Failure to properly release retention remains one of the most common and contentious issues in construction projects. Paying parties often seek to justify non‑payment by reference to alleged defects, even where defect liability periods have expired or where the contractual basis for withholding is weak.

This practical webinar explains what retention is, why it continues to cause significant problems, and how it operates in practice. John Doherty will set out the key legal and contractual principles governing retention, examine its relationship with defects and defect liability periods, and outline the limits on withholding retention beyond those periods.

The session will also consider the UK Government’s recent announcement and proposed approach to banning the withholding of cash retentions under construction contracts (subject to consultation on implementation), and what this may signal for future retention practices.

Against that backdrop, the webinar will explore practical alternatives to traditional retention and how parties can protect performance and payment position while supporting fairer cashflow.

Drawing on current authority and practical experience, the webinar will share best‑practice guidance on withholding retention appropriately and, crucially, the steps parties can take to protect entitlement and get paid.

This webinar is relevant for employers, contractors, subcontractors, consultants, and commercial teams seeking clarity on retention in a changing contractual and regulatory landscape.

Learning outcomes