Payments & Liens

Backcharge

A deduction from a subcontractor's payment for costs the GC incurred fixing the sub's work, cleanup, or contract violations.

A backcharge is the GC's mechanism for recovering costs caused by a subcontractor's failure to perform. Common backcharges include: cleanup the sub left behind, damage caused to other trades' work, rework due to defective installation, missed schedule milestones, and unauthorized use of GC tools or materials. The GC notifies the sub in writing, performs the work (or has another sub do it), and deducts the cost from the offending sub's next payment.

Well-run backcharges include written notice before the work, a reasonable cure period for the sub to fix it themselves, documented costs (labor hours, materials, equipment), and a deduction from a specific pay application with backup. Disputed backcharges are a leading cause of payment fights at closeout. The cleanest approach is to handle problems contemporaneously rather than letting them stack up to a closeout reckoning.

Frequently asked questions

When is a backcharge appropriate?+

When a sub fails to perform a contract obligation (cleanup, rework, schedule, damage to other work), the GC notifies the sub in writing, gives a reasonable cure period, performs or contracts the work, and deducts the documented cost from the sub's pay.

Can a sub dispute a backcharge?+

Yes. A sub can demand documentation of the cost, dispute the cause, or argue that no breach occurred. Disputed backcharges that cannot be resolved often end up in mediation, arbitration, or lien claims.

How do contractors document backcharges?+

Contemporaneous notice to the sub (email is fine), photos of the condition, time records of the work performed, invoices for materials, and a clear deduction line on the sub's pay application with backup attached. Skip any of those steps and the backcharge becomes hard to defend.

Related terms