In this six-part series, the St. Petersburg construction lawyers at Cotney Construction Law are providing insight into the qualities (good or bad) of subcontractors. In the first and second parts, we focused on applicancy and screening subcontractors to ensure they are certified and experienced. In this section, we will discuss contract issues that arise with bad subcontractors. Remember, for any of your contract needs, speak with an experienced St. Petersburg construction attorney.
3. They Refuse to Sign a Contract
Many subcontractors are signed on for a week or less and would prefer to work independently and without a written agreement. Although a verbal agreement is good in theory, it should always be supported in writing with price points and deadlines to ensure everyone is on the same page. If a subcontractor refuses to sign a contract, it’s a red flag indicating that they may not fulfill their responsibilities for the project.
4. They Don’t Comply with the Contract
Although it’s important to have your subcontractor put pen to paper before performing any work, it’s equally important to make certain that they are following the guidelines of the contract. If the subcontractor ignores their binding agreement and performs their work differently than how it is detailed in the contract, this can lead to a lot of liability issues for the contractor. A quality subcontractor understands the importance of the contract and will make timely requests when proposing changes to the contract. They understand that it’s mutually beneficial to have this in writing and they will comply with the direction given in the contract.
Just like refusing to sign a contract, if the subcontractor isn’t vigilant about putting everything involving the scope of the work in writing, they may be trying to avoid any accountability for the project. Whether it’s the materials being used, the equipment and tools necessary to complete the work, or the deadline to complete the work, any and all of these things need to be featured in the contract and monitored by the contractor to ensure compliance.
At the end of the day, a well-written contract protects all parties involved from disputes and future litigation. When you partner with a St. Petersburg construction attorney, they will understand the exact verbiage to use in your contract and also understand what clauses are crucial to protect your best interests. At the end of the day, clarity is crucial when multiple parties are involved in a contractual agreement.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.