3 years is way too long. Normally, you would get a settlement in less than 6 months after termination of contract.
Written contracts are generally enforceable for up to 4 years after the termination of the contract so you may still have time. Depending on the amount in question, you could get by suing in small claims court; otherwise, you would need a lawyer and unless the amout is substantial, most won't take the case on contingency.
Check for a written contract and if you have one, look for the payment clauses. That is where you will find anything on retention. If you have no written agreement, it may be too late to do anything about claiming the retention.
Re: 10% retianage
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