What Happens to Your Deposit Before the Work Starts
The first payment on a renovation is the strangest one you will ever make. Every other check you write in your life buys something that exists. This one buys a start date, a place in someone else’s schedule, and a crew that has not shown up yet. The kitchen still looks exactly the way it looked when you signed.
That gap between paying and seeing is where most renovation money stories go wrong, and it is worth understanding before the contract is drafted rather than after.
The deposit gets smaller as the job gets bigger
This surprises people, because instinct says the opposite. Sweeten puts a 50 percent deposit on a $16,000 bathroom and a 10 to 20 percent deposit on a $100,000 renovation. Manhattan totals run higher than both of those, but the ratio is what travels: on a small job the materials are ordered almost immediately and the work is over in 2 weeks, so the deposit is close to the whole cost of doing it. On a long job there are months of billing ahead, and no reason for the contractor to hold your money that entire time.
Across the country the range runs from 10 percent on large multi-stage projects to 50 percent on small ones, with 25 to 33 percent reasonable in the middle, according to Levelset. Above 50 percent there is no project size that justifies it.
Some states put a hard ceiling on the number. California caps a home improvement deposit at 10 percent of the job or $1,000, whichever is less. New York has no such cap, so here the percentage is a negotiation rather than a rule. That cuts both ways. You can push back on 40 percent, and nobody will tell you that you had a right to.
A few contractors take nothing upfront at all and bill only against completed work. It sounds like the safest arrangement available and usually means the company is financing your job on a line of credit, which is fine while the credit is there and awkward when it is not. There is a second reason it rarely holds: a customer with nothing at stake is the customer most likely to cancel, and a company that has held a date open for you carries that loss alone. A modest deposit is not only protection for the builder.
So the question worth asking is not whether the percentage is high. It is what the money is for. A deposit that covers a slab reserved at the fabricator, a cabinet order with a 12 week lead time, or an appliance package that has to be paid at order is a deposit doing a job. A deposit with no purchase attached to it is a transfer of risk from the contractor to you.
Where your money is supposed to sit

Most homeowners assume the deposit lands in the contractor’s operating account and gets spent on whatever comes next. In New York that assumption is wrong, and the law is unusually specific about it.
Under Lien Law §71-a(4), a payment a home improvement contractor takes from an owner before substantial completion has to go into an escrow account at a bank, trust company, savings bank, or savings and loan located in New York State, within 5 business days. The one thing that falls outside the rule is money billed on a specified hourly or time basis for work already performed or materials already supplied, which is a way of paying that almost no apartment contract uses. The contractor can skip escrow only by handing you something in its place: a bond, a contract of indemnity from a licensed surety, or an irrevocable letter of credit, delivered to you within 10 business days of taking the payment. And no more can be drawn out of that account than the payment schedule in your contract says is due.
Very few homeowners ask about this, and plenty of small contractors are not set up for it. Asking is not an accusation. It is a question with three acceptable answers: here is the escrow account, here is the bond, or here is a payment structure small enough that neither of us needs to think about it. A contractor with no answer at all has told you how the business is run.
There is a plainer version of the same test, and it comes from a builder rather than a lawyer. Bobby Parks, writing for the North American Deck and Railing Association, tells contractors to ask themselves whether they could refund every deposit they are holding if the company closed today. If the honest answer is no, the business is running on customer money rather than earned money, and every new job is paying for the last one. His own advice to other builders is to split it: 5 to 10 percent at signing, another 15 to 20 percent when the crew actually starts, so the money being spent belongs to the job they are standing on.
You cannot audit a contractor’s books. You can notice whether the deposit request is sized to the work about to happen or to a hole somewhere else.
The money that leaves before the contractor’s does
In a co-op or condo the contractor’s deposit is not the first payment out of your account. The building’s alteration agreement normally wants a security deposit posted with the corporation before the work is approved, plus a processing fee that does not come back. Industry practice puts the deposit somewhere between $5,000 and $20,000 and the fee between $1,000 and $5,000, but the only figure that means anything is the one written into your own building’s agreement. Read it before you settle a payment schedule with anyone, because it changes what you have left to work with.
While you are reading contracts, check that the contractor’s Home Improvement Contractor license number appears in yours. In New York City that is a requirement, not a courtesy. It is also only half the licensing question. The HIC license is consumer protection for home improvement work and says nothing about who may file a permit on your building; in a multiple dwelling that depends on the contractor’s General Contractor Registration with the Department of Buildings. A contractor can hold a valid HIC license and still have no standing to file on your address.
Pay for progress, not for the calendar

That payments belong on verifiable stages rather than on calendar dates is settled ground, and we have covered how a contract carries them in renovation contracts in NYC. What that post does not settle is how the stages are worded, and that is where schedules fail.
“Electrical rough-in complete” sounds specific and is not. Does it mean the wire is pulled, the boxes are set, or the whole thing is ready for the inspector to look at? Write the version that has a witness: ready for inspection, inspection passed, delivered and set in place. Anything a third party signs off on is a milestone nobody can argue about later.
Dollar amounts beat percentages for the same reason. “Payment of $15,000 on completion of tile setting” survives a change in the total price. “20 percent after tile” quietly moves every time the scope moves.
On a job of a few months, 5 payment stages is normal. Small jobs often run on 2, one at the start and one at the end. What you are trying to avoid is the structure where a large sum comes due early and the rest of the work is funded by your goodwill.
The part you keep until the end
Retainage is the slice of every payment, commonly 5 to 10 percent, that you hold until the job is genuinely finished. Nothing in an apartment renovation puts it in the contract except you, so ask for it while the terms are still being written.
That range is practice, not law. The one place the state sets a number is the Prompt Payment Act, where General Business Law §756-c caps owner retainage at 5 percent. It rarely reaches an apartment: the Act takes a contract of $150,000 or more, excludes one, two and three family dwellings outright, and excludes any other residential project of 4,500 square feet or less. A combined apartment big enough to clear both tests is the exception, not your job.
It exists because of a specific problem: the last stretch of a renovation is the least interesting work in it. Touching up paint, adjusting a cabinet door that catches, replacing the outlet cover that cracked, coming back for the drawer that arrived wrong. None of it is profitable, and a crew already paid in full has every reason to be somewhere else.
This is also where the phrase substantial completion earns attention. Most contractors ask for the final payment at substantial completion, meaning everything is done except the punch list. That is fair as a trigger for the final invoice. It is not fair as the moment you run out of things to hold back. Retainage separates the two: the big check goes out at substantial completion, the held back percentage goes out when the punch list is closed and you have walked the apartment. Agree on what closes the punch list before you need the answer. A written list, a walkthrough, a date.
The subcontractor you have never met
A mechanics lien is a claim filed by someone who worked on the property and was not paid, and it does not require you to have done anything wrong. What it can reach depends on how you own the apartment. In a condo, an unpaid tile setter can file against your unit. In a co-op your shares are personal property rather than real estate, so nothing attaches to the apartment itself and the filing goes against the building. Whether it holds up turns on whether the corporation consented to the work, which in practice means the alteration agreement it approved, and the corporation will pass the problem straight back to you.
What a lien cannot do is make you pay twice. Under Lien Law §4, all the liens on a job together cannot leave an owner liable for more than the labor and materials still unpaid when the notices were filed. A contract paid in full caps the exposure. It does not stop the paperwork, and the paperwork alone is enough to stall a sale or a refinance while it gets sorted out.
The protection is a lien waiver: a signed statement from the contractor, and on larger sums from the subcontractors and suppliers too, saying they have been paid for what they have delivered so far. Collected at each payment it becomes a running record that the money went where it was supposed to go. Ask for it from the first payment onward rather than from the moment you get nervous, because the request reads completely differently at those two moments.
Nothing gets built on a conversation
Change orders are the other place the final number moves, and they have their own post here: why your final price is always higher. The only part that belongs in a payment schedule is the timing. A change signed before the work happens is priced against a job that can still be stopped; a change discovered on the last invoice is priced against nothing. If one gets agreed on site and nobody writes it up, send an email that afternoon, because a dated record settles what two memories cannot.
What a fair schedule looks like on paper
None of this requires an adversarial relationship with the person renovating your home. A schedule that works has a deposit sized to what is actually being ordered, payments tied to stages an outsider could verify, dollar figures rather than percentages, 5 to 10 percent held back until the punch list is closed, a lien waiver at every payment, and written change orders. In New York, add one question about where the deposit will sit, because the answer is required by law and costs a contractor nothing to give. In the five boroughs, add two more: the license number printed in your contract, and what your building wants posted before the crew is let in.
A contractor running a healthy business will read that schedule and see nothing unusual in it. That reaction, more than any reference or portfolio, tells you what you are dealing with.
Is a 50 percent deposit ever normal?
On a small job, yes. In Sweeten's national example a $16,000 bathroom is mostly materials ordered in the first week, and the project is finished before a second payment would make sense. On a $100,000 renovation the same percentage is not defensible, and 10 to 20 percent is the usual opening.
Can a contractor in New York legally spend my deposit on another job?
No. Payments taken before substantial completion have to go into an escrow account at a New York bank within 5 business days, and the contractor cannot withdraw more than the payment schedule says is due. The alternative is a bond, a contract of indemnity, or an irrevocable letter of credit given to you within 10 business days.
What should each payment be tied to?
Something a third party can confirm. In practice that means:
- Materials delivered and set in place
- Work ready for a scheduled inspection
- An inspection passed
- A stage you have walked and signed off on
A date on the calendar is none of these.
How much should I hold back at the end?
Between 5 and 10 percent, released when the punch list is closed rather than at substantial completion. Nothing puts that clause in an apartment contract but you, so raise it while the terms are still being written, and write down what closes the punch list at the same time. The 5 percent statutory cap under the Prompt Payment Act rarely reaches an apartment, because the Act excludes one, two and three family dwellings outright and excludes any other residential project of 4,500 square feet or less.
Can a subcontractor put a lien on my apartment if I already paid in full?
Paying in full caps what you can be made to pay: under Lien Law §4 the liens together cannot exceed what was still unpaid when they were filed. It does not stop the filing. In a condo the claim lands on your unit, in a co-op on the building rather than your shares, and either way it is enough to hold up a sale until it is cleared. Lien waivers collected at each payment are what keeps it from starting.
Do I need a written change order for something small?
Yes. A change that seems minor on site turns into an unexplained line on the final invoice months later, and by then nobody remembers what was agreed. If a formal document is not practical, an email sent the same day does most of the work.
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