Unpaid progress payments
Disputed invoices, pay applications, withheld retainage and delayed payments for completed trade work.
Explore related serviceAW Construction Law / Subcontractor Disputes
Subcontractor disputes call for clear terms, documented work and timely action.
Payment delays, disputed scope, backcharges and project coordination can place pressure on specialty trades. Understand the contract documents and project record before deciding how to respond.
Understanding Contractor Conflicts
Subcontract terms shape the options available.
Conflicts between subcontractors, general contractors and project owners may turn on written scope, work authorizations, payment conditions and the sequence of project events.
Clear notices, dated photographs, meeting records and accurate invoices help establish the facts. Where relevant, review related rights involving payment disputes, mechanic’s liens and change orders.
Common Contractor Disputes
Six common sources of subcontractor disputes.
The appropriate response depends on the contract, project records, notices and applicable law.
Scope and excluded work
Different interpretations of subcontract inclusions, exclusions, specifications and responsibility for extra tasks.
Explore related serviceChanges and extra work
Field instructions, additional labor or materials, pricing disagreements and missing written approvals.
Explore related serviceBackcharges and deductions
Claims for defective work, cleanup, rework or schedule impacts that reduce amounts otherwise owed.
Explore related serviceDelays and trade coordination
Limited site access, out-of-sequence work, overlapping trades and disruption of planned installation.
Explore related serviceTermination and breach allegations
Disputes over defaults, cure notices, suspension, contract termination and remaining payment duties.
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Preserve the Project Record
Keep the records that explain your work and your claim.
A well-organized project file can make it easier to trace changes, prove completed work and address payment or responsibility disputes.
- Signed subcontract, exhibits, scope and insurance requirements
- Daily reports, jobsite photos, delivery tickets and timesheets
- Change requests, RFIs, field instructions and notices
- Pay applications, invoices, retainage records and backcharge details
Related Legal Services
Subcontractor claims often involve connected legal issues.
Explore the connected contract, payment, performance and dispute-resolution concerns.
Payment Disputes
Review unpaid invoices, retainage and payment obligations.
Explore serviceMechanic’s Liens
Understand notice requirements and potential lien rights.
Explore serviceChange Order Disputes
Explore extra work claims and approval requirements.
Explore serviceConstruction Litigation
Understand options when disputes move toward formal claims.
Explore serviceWho We Help
Different roles. Different subcontract responsibilities.
See legal guidance tailored to your role in the construction project.
Subcontractors
Assess payment, scope changes, backcharges and notices.
Explore guidanceContractors
Review trade performance, coordination and payment conditions.
Explore guidanceProperty Owners
Understand project payments, trade issues and lien concerns.
Explore guidanceDevelopers
Coordinate trade claims, contractual obligations and project risk.
Explore guidanceConstruction Law Insights
Practical reading when a subcontract dispute develops.
Explore related legal guides on payment, contractor–subcontractor conflicts, change orders and construction claims.
Frequently Asked Questions
Subcontractor dispute questions, explained.
What is a subcontractor dispute?
A subcontractor dispute is a disagreement involving subcontract terms, payment, scope, performance, backcharges or other obligations among project participants.
What if a subcontractor has not been paid?
Review the subcontract, payment applications, notices and communications promptly. Potential remedies vary by the terms, project type and applicable law, and deadlines may apply.
Can a contractor deduct backcharges from a subcontractor’s payment?
The answer depends on the subcontract, supporting records, notice provisions and applicable law. The basis and amount of the claimed deduction should be reviewed.
Does extra work require a written change order?
Some agreements require written authorization before extra work is performed. Others raise questions about actual instructions and applicable legal exceptions. Review the exact subcontract and evidence.
Can subcontractors use mechanic’s liens?
Lien eligibility, preliminary notices, deadlines and procedures vary by jurisdiction and project type. Prompt review of local requirements is important.
AW Construction Law
Know the subcontract. Document the work. Address the dispute.
If payment, scope or performance issues are affecting your trade work, share the agreement and key project records with the office to discuss next steps.
Contact AW Construction Law