Pam Scholefield

Subcontract agreements are rarely “standard,” no matter how often general contractors (GCs) claim they are. In practice, most subcontracts are drafted to greatly favor the GC by shifting risk and payment delays downstream. For subcontractors, understanding and negotiating key provisions can mean the difference between profit and dispute. Below are five of the most heavily negotiated subcontract terms, with examples of typical GC-drafted language and why they should be revised. 1....

Many subcontractors working on California public works projects are familiar with the pressure that sometimes comes after a project is awarded. A prime contractor submits a subcontract agreement filled with tough terms- broad indemnity clauses, one-sided payment provisions, or heavy risk shifting- and suggests that if the subcontractor does not sign it quickly, they may be replaced. On California public projects, however, that threat is often empty. California Public Contract Code section...

The New Year brought us two new California laws that reshape how Subcontractors get paid and how change order/time-extension disputes get processed on private projects . In a nutshell: for private works subcontracts entered into after January 1, 2026, private owners and primes will have less flexibility to “contract around” payment timing and dispute procedures. Subs now have more statutory leverage, but your project team needs to understand these new safeguards and follow the required steps...