Most subcontracts are written by the general contractor and pass down as much of the prime contract's risk as possible. We review the subcontract and the flow-down terms against your scope and price, and push back where the risk is out of proportion to your work. If you are the general contractor, we build a subcontract form that holds up and that trades will sign.
At a glance
- Practice
- Construction
- Pricing
- Flat fee, quoted before we start
- Included
- 6 deliverables
- Process
- 3 steps, one named attorney
- Where we work
- Slack, email or a call
When founders call us
The moments that usually bring a company to us for this work.
- 01
A general contractor has sent a subcontract and wants it back this week
- 02
The subcontract incorporates a prime contract you have not been given
- 03
You are a GC and need a standard subcontract form for repeat trades
- 04
A subcontract has a pay-if-paid clause and you are unsure what it means for you
What you get
Scoped in writing before we start. One flat fee for all of it.
- Redline of the subcontract and any incorporated exhibits
- Review of flow-down clauses and the prime contract terms they pull in
- Analysis of payment conditions, retainage and backcharge rights
- Check of indemnity, insurance and additional insured requirements
- Summary of notice, claim and schedule obligations with their deadlines
- For GCs, a subcontract template with a short negotiation playbook
How it works
- 1
Intake
You send the subcontract, your scope and price, and the prime contract if you have it.
- 2
Review
We redline the subcontract and note which terms depend on the project state's law.
- 3
Delivery
You receive an attorney-reviewed redline and a plain-language issues list to negotiate from.
Mistakes we help you avoid
The ones we see most often, and catch before they cost you.
- Avoided
Signing a pay-if-paid clause that makes owner payment a condition of your payment, where the state enforces it
- Avoided
Agreeing to flow-down terms from a prime contract you have never read
- Avoided
Accepting unlimited backcharge and set-off rights with no notice or opportunity to cure
- Avoided
Waiving lien rights in the subcontract itself, which some states allow and others prohibit
Subcontract Agreements: questions founders ask
A pay-when-paid clause usually sets the timing of payment, and many courts read it as giving the contractor only a reasonable time to pay if the owner does not. A pay-if-paid clause tries to make owner payment a true condition, so the subcontractor carries the risk of owner nonpayment. Some states refuse to enforce pay-if-paid clauses, and courts often require clear language, so the wording and the state both matter.
A flow-down clause binds the subcontractor to the general contractor's obligations under the prime contract, as they relate to the subcontractor's work. It can pull in notice deadlines, warranty terms and dispute procedures you would not otherwise see. You should ask for the relevant parts of the prime contract before signing.
Yes. We draft a standard subcontract for general contractors with fallback positions for the clauses trades push back on most. It is built around the states where you work.
Flat fee, quoted before we start. The quote reflects the length of the subcontract and any incorporated documents.
Get a flat-fee quote for Subcontract Agreements.
A short call with an attorney. You leave with a written scope and one fixed price.
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