Subcontractor business

How to handle back charges from general contractors

Answer every back charge in writing within days, check whether the GC followed the subcontract's notice and cure steps, ask for the backup, and dispute or accept each line on its facts.

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To handle a back charge from a general contractor, respond in writing within a few days, check whether the GC followed the notice and cure steps in your subcontract, ask for the backup behind the number, and then accept, negotiate, or dispute each line on its facts. Never let one sit unanswered. A back charge you ignore tends to become a back charge you agreed to, and it often surfaces at the worst time: deducted from your retainage release.

Some back charges are fair. If your crew broke a storefront panel, you should pay to fix it. Many are not: cleanup charged to every trade equally, damage nobody can trace, or rework the GC did without ever telling you there was a problem. Your job is to sort the first kind from the second and have the records to prove it.

Common types of back charges

  • Cleanup: debris left by your crew, or a pro-rata share of a site dumpster or cleaning crew.
  • Damage: to finished work by another trade, to the building, or to equipment.
  • Rework or completion: the GC or another sub fixed or finished your work.
  • Delay costs: the GC claims your crew held up the schedule and passes on extended general conditions or acceleration.
  • Supervision, hoisting, or protection: services the GC says it provided for you that were not in your scope.
  • Safety fines or site violations charged to the trade involved.

Step by step: how to respond to a back charge

1. Read the back charge clause in your subcontract

Most subcontracts let the GC charge you for costs it incurs because of your default, but only after written notice and a chance to cure. Look for the number of days you get to correct the work, how notice must be sent, and whether the GC must give you a cost estimate first. If the GC skipped those steps, say so. A charge for rework you never heard about until the invoice is weaker than one with three emails behind it. If the clause is one-sided, it belongs on your list of contract clauses that hurt subcontractors to fix on the next job.

2. On federal jobs, check the withholding notice

Federal construction has a written rule. FAR 52.232-27, the prompt payment clause for construction, requires the prime to issue a written notice of any withholding to the subcontractor, with a copy to the contracting officer. The notice must state the amount withheld, the specific causes under the subcontract, and the remedial actions the sub must take to get paid. Many states have their own prompt payment rules; check the prompt payment pages by state.

3. Ask for the backup in writing

Request the date and location of the problem, photos, who identified it, the labor hours and rates, the material invoices, and any third-party bills. A back charge without backup is a number, not a cost. Be specific: "Please send the daily reports, time sheets, and photos for the March 14 cleanup charge of $2,400."

4. Check your own records

Pull your daily logs, photos, and foreman notes for the same dates. Were you on site? Was the area turned over to another trade? Did you take completion photos before leaving? This is where subs win or lose. A dated photo of a clean floor the afternoon your crew left beats any argument.

5. Respond line by line

For each item, accept it, accept it at a lower amount with a reason, or dispute it with evidence. Be calm and specific. If you accept part, say exactly which part. If the GC charged rates higher than the subcontract allows, or added markup on top of markup, point to the clause.

6. Protect your payment while it is open

Keep billing your full earned amount. If the GC withholds, ask for release of everything not in dispute. Do not sign a lien waiver or change order that waives disputed amounts; add an exception that lists the open back charge by number. If the dispute drags on, watch your lien rights and bond deadlines, which keep running.

7. Settle it before closeout

Open back charges have a way of landing on the final payment. Ask for a monthly reconciliation of all charges against your contract and try to close each one within a pay cycle or two. Get the resolution in writing, ideally as a signed deductive change order so it is recorded the same way as other contract changes.

Worked example: a $6,850 back charge on an electrical sub

Here is an illustration. On a $310,000 school renovation, an electrical sub gets a back charge notice with its month seven pay app. The GC has deducted $6,850.

Example: line-by-line response to a back charge
ItemGC chargeSub's responseAgreed
Repair damaged ceiling grid, room 112$1,450Accept. Photos show our lift hit the grid.$1,450
Patch and paint 14 wall openings$3,200Partial. Our log shows 6 openings were ours; 8 were plumbing.$1,370
Cleanup crew, 3 days$1,800Dispute. No notice or cure request; completion photos show clean rooms.$0
GC markup at 22%$400Subcontract caps markup on back charges at 10%.$282

The agreed total is $3,102 instead of $6,850. Markup is 10 percent of the $2,820 in accepted costs. The sub's leverage came from three records: its own photos, a daily log that tracked which openings it cut, and knowing the markup cap in its subcontract.

Mistakes to avoid

  • Ignoring the notice because the amount is small. Small charges add up and set a pattern.
  • Arguing by phone only. Every position should end up in an email or letter.
  • Paying or accepting a deduction before seeing backup.
  • Leaving the area without completion photos, especially before another trade comes in.
  • Signing a final waiver with open charges and no exception.
  • Letting your scope of work stay vague, so cleanup, protection, and hoisting are anyone's guess.

How to prevent the next back charge

Clarify cleanup, protection, and hoisting in the subcontractor scope of work template before you sign. Ask the GC to walk your area with you at turnover and sign off. Keep a daily log that records which areas you worked and which you left. Related reading: how to handle short pays on pay applications and what to include in a subcontract agreement. Smart Business Automator keeps logs, photos, and pay apps on one job record so a back charge response takes minutes to assemble, as part of construction accounts receivable automation.

Frequently asked questions

Can a general contractor back charge without notice?

Most subcontracts require written notice and a chance to cure before the GC charges you for fixing or finishing your work. Check your clause. On federal jobs, FAR 52.232-27 requires written notice of any withholding to the sub, with a copy to the contracting officer.

How fast should a sub respond to a back charge?

Within a few business days, or sooner if the subcontract sets a deadline. A quick written response shows you did not accept the charge.

Can a GC take back charges out of retainage?

Many subcontracts allow it. That is why open back charges should be settled during the job, not left for final payment.

What is a fair markup on a back charge?

Whatever the subcontract states. If it is silent, ask for actual cost backup and negotiate the markup the same way you would on a change order.

Sources

  1. Acquisition.gov: FAR 52.232-27, Prompt Payment for Construction Contracts
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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