Contractor-Subcontractor Disputes


Contractor-Subcontractor Disputes

A contractor-subcontractor agreement should clearly state the roles and responsibilities of both the general contractor and the subcontractor. When the subcontractor contract fails to fully address accountability or one party violates the contract, it can cause a legal dispute. To avoid contractor-subcontractor disputes the most important step is ensuring your contractor-subcontractor contract includes the necessary provisions and legal requirements to safeguard your business and sustain the partnership.

Some issues are unable to be solved quickly using the contract therefore it requires legal action to resolve the problem and protect the general contractor from unfair claims. At MNCLS, we understand the conditional nature of the contractor-subcontractor working relationship and know how to strategically address the dispute. We work with our contractor clients to defend or prosecute the breach of contract that will be best for your business.


What is our process?

Contractor-Subcontractor Disputes

Common Issues

Some common examples of contractor-subcontractor disputes include mechanics lien claims filed by the subcontractor, even if they do not have the authority to do so. Project interruptions include poor cleanup, delays in deliverables, or inadequate workmanship. We provide proactive measures, including subcontractor contract creation and review, and reactive measures, including resolution enforcement, that attribute to contractor-subcontractor contracts.

Your insurance company should require a signed copy of the contractor-subcontractor contract, therefore requiring the sub to sign the contract. If your insurance company does not require a copy of the subcontractor contract, it instead becomes an issue of poor insurance coverage.

Yes, although you need to ensure the contracts support one another. The set of AIA documents consist of several contracts, all designed to work with one another. An AIA (The American Institute of Architects) subcontractor contract will reference provisions included in other AIA documents that, together, create the entire contract package. Using one of the AIA documents without using the entire package can create conflicts, what we call “Battle of the Forms,” which makes resolving disputes more difficult. Unless you’re using the entire AIA set, we don’t recommend using the AIA subcontractor contract. To properly uphold the contract in question, every contract needs to be consistent with one another.


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