How GCs Can Cope With Problem Subs
Date Posted: May 27, 2025
Posted In: Discussion,
From Construction Dive: Nearly every prime contractor has a story about a nightmare sub. Whether it’s shoddy work or simply failing to show up to the jobsite, suboptimal partners in today’s labor and skills market are an increasingly common reality.
Trent Cotney, a partner and head of the construction practice at Tampa, Florida-based Adams and Reese, said since the COVID-19 pandemic, there has been exponential growth in the use of subcontractors on jobsites.
“A ‘problem subcontractor’ would be any person or entity who consistently causes issues that would negatively impact a construction project,” he said. “Common problems include work delays, miscommunication or non-communication, lack of proper equipment or expertise or manpower, a failure to comply with safety regulations, or payment issues and delays — all of which affect project continuity.”
To safeguard their interests and ensure project success, attorneys say contractors must understand effective strategies and contractual protections to deal with problem subs.
“If a prime is smart, they will do their homework in advance,” Cotney said. “Know what you’re getting into and don’t do work with subs that aren’t reliable or get into trouble. It’s worth paying more to have a professional subcontractor work with you.”
Dealing with problem subs
Jeffrey Paul Lutz, a construction attorney in the Atlanta office of CM Law, noted the first line of defense for avoiding problem subs is to conduct a thorough investigation into their past work history and to make thoughtful decisions during the hiring process.