Your Hamburger's Still in the Freezer: HB26-1311: Colorado's New Retainage Bond Law - Part 2
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Part 2 of our conversation with Luke Miller (Colorado Pavement Solutions) and Rob Slauson (VP of Operations, ESI). If you missed Part 1 — their backgrounds, company culture, and why they invest in NUCA of Colorado — start there first.
This half is a full breakdown of HB26-1311, Colorado's new retainage surety bond law, effective August 2026. Retainage is a form of risk transfer — owners and GCs hold back a percentage of a contract as assurance the work will be completed to standard. Luke and Rob aren't arguing against that mechanism; they're walking through what happens when it's held well past its purpose, and the new tool the law gives contractors to manage it.
Covered in this half: what retainage actually is and why it exists (told through a King Soopers grocery analogy you won't forget), how a surety bond works as an alternative form of security, the real legislative process behind getting a bill passed — sponsors, lobbyists, committee hearings, and the case made by those opposed — and what's still unresolved on the public-works side.
Plus two hard-lesson stories that'll make you appreciate a clean job site: the time Luke's foreman dropped asphalt into a sanitary manhole, and Rob's unforgettable morning waist-deep in a force main.
This one's for the C-suite, the CFO managing cash flow and total cost of risk, the estimator pricing risk into a bid, and anyone — GC, owner, or sub — who wants to actually understand how this new law works before it shows up in their next contract.