Contracts

What is a back charge in construction?

A back charge is a cost one party, usually a general contractor, deducts from another party's payment because it had to pay for work that party should have done, such as cleanup, damage repair, or fixing defective work.

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A back charge is a deduction from a subcontractor's payment to cover a cost the general contractor says the sub caused. The GC paid a laborer to clean up drywall scrap the sub left, or hired another company to fix a damaged storefront, and now takes that amount out of the sub's next pay application or out of retainage. Owners can back charge GCs the same way, and subs can back charge their own sub-tier contractors.

Typical reasons for back charges

  • Cleanup the sub did not do after being told to.
  • Damage to another trade's work, such as a plumber cutting through finished drywall.
  • Corrective work on defective work when the sub did not fix it in time.
  • Use of the GC's equipment, hoist time, or dumpsters beyond what the subcontract includes.
  • Schedule recovery costs, like overtime for other trades, when the sub caused a delay.

How a fair back charge works

Most subcontracts say the GC must give written notice and a chance to fix the problem before back charging. A clean process looks like this: the superintendent sees the problem and documents it with photos and the date. The GC sends written notice saying what is wrong, what the sub must do, and by when, often 24 to 72 hours under the subcontract terms. If the sub does not respond, the GC does the work, tracks actual labor and material, and sends the back charge with backup.

Say a drywall sub leaves a floor covered in scrap after hanging 12,000 square feet. The GC emails notice at 7 a.m. Monday with photos and a 48-hour deadline. By Wednesday the floor is still covered, so the GC's laborers spend 32 hours cleaning plus a 30-yard dumpster swap.

Back charge backup
ItemAmount
Labor, 32 hours at $58 per hour$1,856
Dumpster swap$650
Markup per subcontract (10 percent)$251
Total back charge$2,757

Notice, photos, timesheets, the dumpster ticket, and the subcontract clause that allows markup. That is a back charge that holds up.

Common back charge disputes

  1. No notice. A charge that appears for the first time on a short-paid check, months later, is hard to defend.
  2. No backup. A lump number with no hours or receipts invites a fight.
  3. Shared fault. Damage on a busy floor often has several possible causes. Without proof of who did it, splitting the cost among trades is a common and contested practice.
  4. Holding unrelated money. Withholding far more than the documented cost can breach the subcontract and, in some states, prompt payment rules.
  5. Inflated rates. Charging a laborer at a superintendent's rate gets noticed.

Related terms

Back charges come up with the punch list, change orders, and subcontract terms. Subs should read how to handle back charges from general contractors and construction contract clauses that hurt subcontractors. Logging notices and photos in the daily log the day it happens is the best defense on either side.

Frequently asked questions

Can a general contractor back charge without notice?

Most subcontracts require written notice and a chance to cure first. Read the clause; without notice, a back charge is much easier to dispute.

How do I dispute a back charge?

Respond in writing, ask for the backup (photos, hours, receipts), point to the notice clause, and offer to fix or share the cost if it is partly yours. Keep paying attention to your lien and claim deadlines while it is open.

Can a back charge come out of retainage?

Often yes, if the subcontract allows it. That is one reason subs should settle back charges as they happen rather than at closeout.

Is markup allowed on back charges?

Only if the subcontract says so. Many include a percentage for the GC's overhead on corrective work.

Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

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