Iowa Code
Iowa Code § 573.13 (2026)
Inviolability and disposition of fund
✓ current as of July 2026
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A public corporation shall not be permitted to plead noncompliance with section 573.12 and the retained percentage of the contract price, which in no case shall be more than three percent, constitutes a fund for the payment of claims for materials furnished and labor performed on the improvement and shall be held and disposed of by the public corporation as provided in this chapter. [S13, §1989-a57; C24, 27, 31, 35, 39, §10311; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573.13] 90 Acts, ch 1229, §3; 2025 Acts, ch 29, §2 Referred to in §573.14, 573.15A Section amended
\nNotes of Decisions
Cited in 4
cases (2 in the last 5 years), 2014–2024 · leading case: Star Equip., Ltd. v. State of Iowa, Iowa Dep't of Transp., 843 N.W.2d 446 (Iowa 2014).
Star Equip., Ltd. v. State of Iowa, Iowa Dep't of Transp., 843 N.W.2d 446 (Iowa 2014). “Section 573.13 specifies that the retained amount “constitutes a fund for the payment of claims for materials furnished and labor performed.”
Rochon Corp. of Iowa, Inc. n/k/a Graphite Constr. Grp., Inc. v. Des Moines Area Cmty. Coll. (Iowa 2024). “Iowa Code § 573.13 . After all of those claims are satisfied, the remainder of the retainage can be released to the contractor.”
Smith v. Iowa Ass'n of Cmty. Coll. Trs. (Iowa Ct. App. 2024). “” Iowa Code § 573.13 ; see also Star Equip.”
Frank Baxter Gen. Contractor, Inc., Cross Claim & Third-Party Washington Cmty. Sch. Dist. & Db Acoustics, Inc., Cross Claim & Quincy Lighting & Home Ctr., Inc., F/K/A Heintz Elec. Co., Third-Party v. Washington Cmty. Sch. Dist., Travelers Cas. & Sur. Co. of Am., & Frank Baxter Gen. Contractor, Inc. (Iowa Ct. App. 2015). “Within the filing, Baxter identified Quincy as a party having an interest in the section 573.13 fund and asked the district court to adjudicate all parties’ claims and ultimately allocate the funds.”
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