Ah, thank you.

I now understand the situation - you are the subcontractor, and the contractor is retaining money to pay you.

As explained above, one retains money for a while after the end of the contract job as a guarantee for any possible defects in the completed job, and then the retention money is given to the you after some time (a few weeks, months, year, etc).

However, five years is a ridiculously long time. The problem is that if you signed the contract, then the presumption is that you agreed to this element of the contract. The only way you can then void this is by filing a petition in court and requesting that the court void it on basis of "unconscionability." This is a doctrine that essentially has the court say, "This contract is simply too restricting and shocks the conscience of our system of justice."

A contract is unconscionable if it is "such as no man in his senses and not under delusion would make on the one hand, and as no honest and fair man would accept on the other. Kauffman Stewart v. Weinbrenner Shoe Co., 589 NW 2d 499 - Minn: Court of Appeals 1999 (internal citations omitted).

Under MN Stat. Chapter 555, you have the right to file a Petition for Declaratory Judgment in District Court and request that the court rule this contract unconscionable and consequently, have him give you back the money. Unfortunately, the onus is on you (the hurt party) to file and take action...

However, very often, the threat of a lawsuit does the job without the need to even file. While you have asked them to stop yourself, they may not have taken your seriously. An attorney's "demand letter" will go a long way to show that you are serious, and will threaten to file suit if they do not stop. Such a letter coming from an attorney's office carries much gravitas and is often effective. It is about $100 to $200 depending on the attorney. The demand letter is not mandatory before filing suit, but is a good step to take. If it fails, you always have Litigation.

While the legal system tries to be inclusive of every possibility, sometimes people have limited avenues to seek relief. Please understand that this is not the expert’s fault. Surely, you prefer that I tell you the truth rather than what you wish to hear. Please keep this in mind when rating my answer. I understand that this may not be easy to hear, and I empathize.

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