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- ✍️ The Path to Buying a Home at 22 Is Not What You’d Imagine
I bought my home at 22. But I think the more important part of that sentence is how I did it. It wasn't by suddenly making a ton of money. It wasn’t by following the traditional path I had always pictured. It wasn’t anything glamorous at all. It was because I saved aggressively, I accepted help when I had it, and most importantly, I faced the reality that my first home wasn’t going to be the dream home I imagined owning someday. The $100 Method Home prices are intimidating. Saving tens of thousands of dollars for a down payment can sound ridiculous when you're still early in your career and definitely not making a six-figure salary. So, when people talk about saving for a home, the advice can sometimes feel frustratingly simple: spend less and save more. Okay... but how and for how long? I needed something much more concrete, so I came up with a system that worked for me. Every time I got paid, I paid my bills first. Whatever was left was what I had to work with. If I had $780 remaining, for example, I would move $700 into savings and leave myself $80 until my next paycheck. Was $80 always enough? Definitely not. If something came up and I genuinely needed more money for gas, food, a forgotten expense, or just life happening, I could pull another $100. But that was the important part. I didn't pull out whatever I felt like I needed. I ONLY gave myself another $100 and was determined to make that amount last. It probably sounds a little strange, but thinking about my money in $100 increments made spending feel much more intentional. The other thing that helped was getting my savings out of sight. Once that money was put aside, I tried to stop thinking of it as money I had available to spend. In my mind, it was untouchable. It wasn't always comfortable, it wasn’t easy, but slowly, those hundreds started adding up. Being Honest About the Help I Had I saved this way for a little over a year before buying my home, and by then I had saved enough to cover about a third of my down payment. The rest came from an inheritance I received after my grandmother passed away. I don't remember the exact original amount, but it was somewhere in the $20,000-$25,000 range. I had invested that money, with the help of my financially savvy great uncle, and it grew somewhat over the next few years before I eventually used it toward my down payment. I think that's important to include because I don't want to write about buying a home at 22 and leave out the part that helped me get there sooner. I didn't earn that money, and pretending otherwise would give a pretty misleading picture of how I did this. At the same time, seeing how much I had managed to save on my own changed the way I looked at the goal. At the pace I was going, even without the inheritance, I knew that home ownership was possible. So, had I not received the inheritance, it wouldn't have meant I could never buy a home. It would have only meant I needed more time. If I could save roughly a third of what I needed in a little over a year, it was only a matter of a few more years. Homeownership stopped feeling like something that either happened for me or didn't. I realized that there were pieces of the process I could actually control with a bit of work. Redefining What "Home" Looked Like Saving the money was only one part of making homeownership possible. The other was changing what I was looking for. I didn't buy a large house with a yard and land underneath it. I didn’t even buy a moderate sized house. Instead, I bought a tiny home and I lease the lot it sits on. But the house is all mine to do with what I please - I can paint the walls. I can renovate it. I can make decisions about the space I live in without asking a landlord for permission. My mortgage is about $750 a month, and my land lease is about $1,300 a month before utilities. That's still a lot of money, but when I compared it with what I could have been paying to rent an apartment, I started looking at the decision differently. For roughly what I could spend renting, I could have a place that was mine. And I knew that, as I paid down the mortgage, I was putting money toward something I owned rather than paying that money in rent for nothing in return long-term. Is it the house I picture myself living in forever? No, not at all. But it didn't need to be. That realization was just as important as saving the money. I had to let go of the idea that buying a home meant buying the right home. The house with the yard, the land, the extra bedrooms, and all the things I might want someday. Once I stopped asking, "Can I afford that?" and started asking, "What can I afford that I can call my own right now?" my options grew. At 22, I didn't need my forever home. I needed a place to start. And I'm still looking ahead. My current land lease is six years, and while I'm living here, I’m putting money aside just like I did before. By the time that lease comes up for renewal, it looks like I'll be in a position to buy a small piece of land with the electrical, water, and sewer connections so that I can relocate my tiny home. Then, later, I could build a bigger home on the same lot. Who knows? And that’s the point - I don't know yet if that's exactly how things will work out, but that's part of what I like about the path I chose. Buying this home didn't have to be the finish line. It gave me a place to start while I keep saving for whatever comes next. Keep the Goal - Change the Path I don't think my experience is a blueprint for every young professional. Not everyone can or should live on $80 between paychecks. Not everyone has the same bills or income. Not everyone has access to an inheritance. A tiny home on leased land isn't going to make sense for everyone either. Housing costs and opportunities vary enormously depending on where you live, what you earn, and what responsibilities you have. But after attending The Next Horizon in Chula Vista and hearing Mayor McCann, Alex, and Angelica talk about housing affordability for young professionals, I keep coming back to something Alex said about young professionals who want to stay in San Diego - sometimes, you may have to stretch or consider areas and options you hadn't originally pictured for yourself. That resonated with me because that's exactly what I did. I couldn't make the traditional picture of homeownership work for me at 22. So, I stopped trying to make my life fit that picture. I saved in a way that worked for me. I used the help I had. I considered a type of home I hadn't originally imagined. And little by little, something that had felt completely out of reach became possible. I know my experience doesn't change the fact that buying a home is INCREDIBLY difficult for a lot of young professionals right now. But I also don't want someone my age to look at the traditional version of homeownership, realize they can't afford it, assume that automatically means they have no options, and give up their home-ownership dreams. Sometimes it’s not the goal that needs to change - you just need to change the path to get there.
- Demystifying Indemnity
Somewhere around page four of your subcontract, right after you started to relax because the scope of work section was pretty accurate, you hit a paragraph like this: "Subcontractor shall indemnify, defend, and hold harmless Contractor and Owner, and their respective officers, directors, agents, and employees, and any person or entity that Contractor must indemnify under the Prime Contract, from and against any and all claims, damages, losses, and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, regardless of whether caused in part by a party indemnified hereunder." Ugh - your eyes glaze over. You sign anyway because the job is waiting and the GC says everybody signs this thing. But this paragraph, and others that put significant risk on your shoulders, are some of the most important things you need to understand about your subcontract. This article breaks it down into plain English, explains what you are actually agreeing to, shows you how to push back on the worst of it, and points out the other terms in your subcontract where the same obligation shows up wearing a different name. Breaking It Down Indemnify basically means "you pay for it." Defend means "you pay the lawyers too” the second someone files a claim that may somehow relate to your work, but before anyone has proven you did anything wrong." Hold harmless means "and you don't get to turn around and blame the contractor or owner later, even if this was partly their fault." Put those three together and you've agreed to become a financial shock absorber for other people's problems. That is the entire point of the clause. It is not an accident of bad drafting. Somebody wrote it that way on purpose, because it moves risk off of them and onto you. Their Fault - You Still Pay Go back and reread that sample clause above and find this part: "regardless of whether caused in part by a party indemnified hereunder." That phrase is doing some heavy lifting, and not in your favor. It means that even if the general contractor's superintendent did something wrong that contributed to the claim or loss, or the owner's engineer designed something wrong, you could still be stuck paying for the whole claim even when you are only 1% at fault. How to Push Back You are not going to get this clause deleted. Owners and GCs require it and refusing to sign anything with the word "indemnify" in it will just get the project yanked from you. The smarter move is narrowing it so you are only covering your own screwups and the screwups of the people you hired. Something like this works: add the phrase "but only to the extent caused by the negligent acts or omissions of Subcontractor, or Subcontractor's subcontractors, suppliers, agents, or employees" right into the clause. That little phrase turns an open checkbook into a fault-based obligation. You still own your own mistakes and the mistakes of your subs and suppliers, but you stop owning for everyone else's. While you’re there negotiating, these are also worth paying attention to: ● Shorten who gets indemnified on the owner’s side to match only who the Contractor has to indemnify under its prime contract by making the following edits: “Subcontractor shall indemnify, defend, and hold harmless Contractor and Owner, and their respective its officers, directors, agents, and employees, and any person or entity that Contractor must indemnify under the Prime Contract, … .” ● If the “defend” obligation is in a different provision or mentioned separately it is also tied to the loss or claim being your fault just like the “indemnify” obligation. You don’t want to foot legal bills for claims that weren’t your fault at all. Not every GC will budge, but many will. Some genuinely can't because their own contract with the owner specifically requires them to flow down the exact indemnification provision to the subs - make sure you see that part of the prime contract if that is the case before just agreeing to it. Either way, asking for the edits costs you nothing, it's a completely normal part of subcontract negotiations, and even getting one phrase changed can meaningfully shrink your exposure. Indemnity in Disguise Here's the part almost nobody catches: a clause does not need the word "indemnify" anywhere in it to function exactly like one. Anything that makes you financially responsible for something outside your own scope, your control, or your own fault is doing the same job under an alias. Keep an eye out for: ● Language making you responsible for correcting, protecting or repairing other trades' work because you didn’t notice it was deficient before you added your work on top of it; ● Clauses holding you responsible for protecting your own completed work all the way until the entire project gets final acceptance, rather than until your scope is done. This means you could be paying for damage caused by weather, theft, or some other trade long after your crew is gone. One way to help here is to add the sentence: “Subcontractor shall not be responsible for damage to its work caused by the negligence of Contractor, Owner or others so long as Subcontractor was not negligent in its effort to protect its work during installation, and Subcontractor shall be entitled to equitable compensation for the cost to repair or replace such damaged work.” ● Additional insured requirements with no tie to your own negligence, which can shift other people's losses onto your insurance policy. Always let your broker review the indemnity and insurance sections of your subcontract to make sure you have proper coverage. ● "Flow down" clauses that hand you every obligation the GC owes the owner, without ever spelling out what those obligations actually are or specifically tying it to your scope of work. This is just one more reason to ask for and review the prime contract – you at least need to make sure you are not agreeing to worse terms than the GC agreed to. None of these say "indemnity." All of them can cost you money for something that wasn't your fault. When you're reading a subcontract, don't just search for the scary words. Ask a bigger question of every clause: does this make me pay for something outside my scope or beyond my own mistakes? If yes, treat it exactly like you'd treat the indemnity clause. Bottom Line Indemnity clauses are a normal and permanent feature of construction contracting, and no subcontractor should expect to eliminate one entirely. But “normal” does not mean “non-negotiable,” and it does not mean you have to accept the harshest version simply because it is the one placed in front of you. Understand what you are promising, ask for the fault-based version, and read the whole subcontract with an eye toward the many other ways you can be responsible for problems without ever using the word “indemnify.”
- ✍️ What I learned Sitting in the Room: Digging into Housing Affordability for Young Professionals and Chula Vista’s Future
Last month I attended a Pacific Coast Builders Conference event hosted by y|GEN, BIA San Diego's Young Generation of Leaders Council. The session was called "The Next Horizon: Exploring Chula Vista's Expanding Landscape," and it looked at the projects reshaping South County, including the Gaylord Pacific Hotel and the master-planned communities of Otay Ranch. But the conversation didn't stop there - it also dug into the bigger question of housing affordability for young professionals across San Diego. On the panel: Mayor John McCann, Councilmember Carolina Chavez, Kenia Zamarripa of the San Diego Chamber of Commerce, Chris Foulger of HomeFed Corp., Nick Lee of The Baldwin Company, Sean Kilkenny of Nolen Communities, Alex Baracchini, 2026 Chair of the y|GEN Council and with Ryan Companies, and Angelica Davis, 2026 y|GEN Board Member and with HomeFed Corp. BIA San Diego treats housing development as one of its top priorities, and groups like y|GEN give young professionals a voice in that conversation, instead of just inheriting whatever decisions are made. I went in expecting to learn about housing development and the future growth and changes coming to Chula Vista, and I did. But I found myself interested in how young professionals show up, ask questions, and find their place in rooms like this. Bring a Solution, Not Just a Problem One of the first things that stuck with me came from Alex Baracchini, who talked about the difference between walking into a conversation with a problem versus walking in with a possible solution. It's a small shift, but it changes everything about how a team receives you. Nobody loves being handed one more thing to fix. But when you show up having already thought it through, even if your solution isn't perfect, people notice. It signals that you're not just identifying issues, you're invested in solving them. I think about how often, especially early in a career, it feels safer to just flag a problem and let someone more experienced figure out what to do with it. But there's real value in doing the thinking first, even if you're wrong. It shows initiative, and it invites collaboration instead of just handing someone extra work. It's the kind of advice that's easy to nod along to and harder to actually practice. I appreciated that Alex saw the value in saying it out loud to a room full of young professionals. Curiosity Is a Skill, Not Just a Personality Trait Angelica Davis spoke about curiosity and a genuine willingness to learn as being one of the most valuable things a young professional can bring to the table. That resonated with me. It's easy to think of curiosity as just something you either have or you don't, but that's not true. It's something you choose to practice, especially in rooms where you don't yet have the experience everyone else has. That same idea came up again when the conversation turned to mentorship. Both Alex and Angelica talked about how valuable it is to have a mentor, even one who isn't in your exact field. There's always something to gain from someone else's experience, and there's something freeing about being able to ask questions of a mentor without the pressure that comes with asking your own boss. Even if you have the most understanding, amazing boss in the world, there can still be that underlying pull to prove yourself, to seem like you have it all figured out. With a mentor, you get to be curious without the fear of it costing you anything. The Bigger Picture: Building More Than Buildings Chula Vista's growth was also a big part of the conversation, including the projects and plans behind the region's next phase. A good portion of the panel focused on how that growth isn't just about adding housing, it's about building a lifestyle people really want. Angelica pointed out that ten years ago, something like the Gaylord Pacific Hotel didn't exist in the area, and now it's becoming part of what draws people there. With rent as high as it is, amenities and lifestyle additions like that matter more than ever. Alex added that in Otay Ranch specifically, developers are thinking not just about housing units, but about what people will actually do with the outdoor spaces and amenities surrounding them. Mayor McCann added an interesting perspective here too: a lot of the negative perception people have about Chula Vista comes from people who've simply never been there. He mentioned that the people who do visit are often surprised by what they find, and that new draws like the Gaylord are helping shift that narrative and bring people down to see the area for is the great opportunities it can offer. The Housing Affordability Conversation But none of that growth means much if young professionals can't actually afford to be part of it. This is exactly where the conversation went next. Mayor McCann spoke candidly about how much fees and permitting costs contribute to the overall price of housing. When discussing possible ways to cut costs and make housing more affordable, he talked about using AI to help catch errors before submission, so projects get permitted correctly the first time instead of getting kicked back for revisions. Fewer delays mean lower costs in the long run. He also pointed to the reality that Sacramento adds more regulations every year, and San Diego has to absorb all of them, which keeps driving building costs up. If the state could slow that pace, or at least keep new regulations reasonable, it would go a long way toward helping affordability. There was also a question asked directly about what young professionals should think about their odds of ever owning a home here. Alex's answer wasn't especially comforting, but it was honest: if you're planning to stay in San Diego, you'll likely need to stretch to make it work, and prices aren't going to get any lower while you wait. You may have to look at areas you hadn't originally pictured yourself in. Angelica shared that she had the same fear back in college, and what helped her get through it wasn't having all the answers herself, it was leaning on mentors, having humility, and having friends in finance who could point her in the right direction. She compared it to how they say raising a child takes a village, stating: "it really does take a village, and maybe it doesn't stop there." Why This Matters for Young Professionals I didn't walk away from this event with a clear answer on housing affordability, because there isn't one simple answer. But I did walk away with something else: a reminder that you don't need to already have expertise to be in rooms like this one. You just need curiosity, a willingness to learn, and enough courage to ask the question that's on your mind. If you're a young professional in San Diego who cares about where this region is headed, groups like y|GEN exist so your voice is part of that conversation, not an afterthought to it. You don't have to wait until you feel ready. Show up, ask the honest question, and be present in the room to explore the answers.
- You're World-Class at Your Trade. Build Your Business to Match.
You can read a set of plans faster than most people can read a menu. You know within minutes whether a job site is running well or being run into the ground. You love your trade and have helped build things that will outlast you by decades. That’s not nothing, that’s everything! But here’s a truth that gets ignored: knowing your trade and knowing how to run a business are two completely different skill sets. And confusing the two is one of the most common reasons talented subcontractors struggle, stall out, or close their doors. Sound harsh? Consider this: doctors are among the most educated, disciplined professionals on the planet. They spend years training to do something most of us couldn’t dream of doing. And yet the medical field is littered with brilliant physicians who ran their practices into the ground by getting buried under billing errors, payroll problems, cash flow crunches, and insurance nightmares. All because they failed to realize that healing people and running a business have nothing in common. The same is true for you. The fact that you’re not a natural at finance, HR, or contracts doesn’t mean you’ve failed. It means you’re human. The ones who figure that out early are the ones who succeed beyond their wildest dreams. Know What You Don’t Know, Then Get Help The subcontractors who thrive long term aren’t often the most skilled in their trade. They’re the ones who are passionate about the industry while being honest about their gaps and smart enough to fill them. Here are the areas where outside expertise pays for itself many times over. 1. Mentors and Guidance There is no substitute for someone who has been where you are and come out on the other side as a success. Finding a mentor is not that hard. Join a trade association. Seek out people who will tell you the truth, not just what you want to hear. Offer to buy lunch to pick their brains - most people love to share their ideas and strategies. That kind of guidance is often worth more than a bunch of business courses combined. 2. Cash Flow Profit on paper means nothing if you can’t make payroll on Friday. Cash flow management is the single most common reason otherwise profitable subcontractors go under. Resist the temptation to take on big new projects unless you have the cash-flow to support it. Successful contractors understand that they will be floating the cost on labor and materials anywhere for 60-90 days on average, and often longer. This is not intuitive, and it is not something to figure out by trial and error with your own business on the line. 3. Financing, Getting It and Keeping It Starting and growing a contracting business takes capital. Whether you’re funding equipment, covering mobilization costs, or bridging the gap between invoicing and payments, knowing how to access and manage financing is critical. A good banker who understands construction isn’t a luxury, it’s a foundation. Don’t wait until you’re desperate and must sell your A/R to get high-interest financing. Get financial guidance now and establish relationships that can offer stop-gap financial help before you get into financial distress. 4. Insurance The right coverage protects everything you’ve built. The wrong coverage, or a gap you didn’t know existed, can wipe it out in one claim. An insurance broker who specializes in construction will earn their fee the first time something goes sideways on a job. Shopping around for the best deal on insurance rates is a huge mistake - getting real support from a broker who knows the industry is essential to your future. 5. HR and Payroll Employment laws are complicated, and in California and other pro-employee states it is especially unforgiving. Misclassifying workers, missing a payroll deadline, or handling a termination incorrectly can cost you far more than the salary of someone who does it right. If you have employees, get proper HR and payroll support. 6. Accountants Taxes, job costing, overhead allocation, profit margins, these are not areas to wing. A construction-savvy accountant helps you understand whether you’re actually making money on each job, keeps you out of trouble with the IRS, and helps you plan for growth instead of just reacting to it. Plus, they are critical when you need accurate financials to support obtaining payment and performance bonds. 7. Legal Counsel Contracts are not just paperwork. They define your rights, your risk, and your remedies for every single job. A construction attorney who can guide you on subcontract terms, disputes, and payment rights is not an unnecessary expense - used wisely, they become a trusted business advisor. The High Cost of Not Getting Help Seeking out help and spending money on professional support can feel like a waste of time and money for people who are used to figuring things out themselves. But you need to flip that thinking because it’s the subcontractors who try to forge ahead alone and avoid the cost of an accountant, lawyer, or HR service who often get crushed by a single, massive loss due to a bad contract, a tax penalty, a wage claim, or a cash crisis. You wouldn’t think twice about buying the best tools - you shouldn’t think twice about surrounding yourself with people who are as good at their jobs as you are at yours. That’s not weakness. That’s exactly how the best businesses are built!
- ✍️ What Is Your Priority?
One thing I've learned as a young professional is that trying to gain everyone’s approval can quietly become a destructive habit. Maybe we want to prove to our coworkers that we're dependable. Maybe we want to prove to our friends and family that they can count on us. And maybe we want to prove to the world that we are someone who helps, who figures things out, and who keeps everything moving forward when life gets complicated. Those are qualities I'm proudly building, and I think most young professionals are too. The problem is that somewhere along the way, trying to prove ourselves to others can turn into automatically putting everyone else's priorities ahead of our own. I didn't realize I had fallen into that habit until about a year ago. A Decision I Never Questioned I had a work commitment scheduled well in advance that I had already communicated to others in my personal life. Even so, something came up with the expectation that I would handle it by simply rearranging my plans. At the time, it genuinely felt like I didn't have another option except to reschedule my work commitment to keep the peace and avoid disappointing anyone. My first instinct wasn't to weigh the two commitments or decide which one aligned more closely with my priorities. Looking back now, what surprises me most is that it never occurred to me to stop and ask whether I should be the one changing my plans. The Question That Changed My Perspective When I mentioned the situation to my boss, I expected she may have advice on how to make both commitments work. Instead, she asked me a question that completely changed my perspective. "What is your priority? What do you want to do?" I remember sitting there for a moment because I honestly didn't know how to answer. Not because I didn't have an answer, but because I had skipped over the question entirely. I had become so focused on everyone else's expectations that I hadn't even considered my own priorities as part of the decision. She simply reminded me that it was my decision to make and that I wasn't automatically responsible for solving a situation I hadn't created. The world wasn't going to fall apart if I chose work. It also wasn't going to fall apart if I chose the other perceived obligation. Neither choice automatically made me wrong or right. What mattered most was that I stop making decisions out of guilt or habit and start making them intentionally. That conversation stayed with me because I realized it wasn't really about that one situation. It was about a mindset that had been following me for years. The Trap of Being Dependable A lot of young professionals experience this without even realizing it, whether at work or at home. When a project needs a volunteer or a family obligation unexpectedly lands on your plate, the first instinct is to say yes, rearrange everything, and make it work, because disappointing someone else feels harder than overextending yourself. Before you know it, you've become so focused on meeting everyone else's expectations that you forget your own commitments and goals deserve consideration too. Those choices usually come from good intentions. We want to be kind, helpful, and reliable. But constantly putting everyone else's priorities ahead of your own becomes exhausting, and you may not even realize you're doing it. I've learned that healthy boundaries don't mean caring less about other people. In fact, they actually make you more dependable. Being dependable doesn't mean being available for everything. It means honoring the commitments you've already made. Sometimes that commitment is to your family. Sometimes it's to a friend, your work, or a promise you've made to yourself. None of those commitments are automatically more important than another. The important thing is that yours shouldn't automatically be the first one sacrificed. Learning to Choose Intentionally I still catch myself wanting to solve everyone else's problems before considering my own priorities. But now I pause and ask the same question I was asked that day: What is my priority? The answer isn't always work. It isn't always family. It isn't always the easiest option. But it's a decision I now strive to make intentionally, rather than one driven by guilt or habit. Looking back, the biggest lesson wasn't learning how to say no. It was realizing I had a choice all along, and that my priorities deserve a voice too. It's a simple lesson, maybe an obvious one to some, but one I'll carry throughout my career, and one I hope other young professionals learn earlier than I did.
- Your Work Environment Will Either Grow You or Shrink You
I don't think people talk enough about how much your work environment can shape you. Not just your productivity or performance, but your confidence, mindset, motivation, and even the way you carry yourself when you walk into a room. I used to think work was just work. Clock in, do your job, clock out, go home. But after a few unhealthy work environments, I learned something the hard way: the people you work for and the culture you work in can either help you grow into the best version of yourself, or slowly shrink you into someone who constantly second-guesses everything. You likely spend 8 hours a day, 5 days a week in this environment. That’s a huge chunk of your week, month, year, and effectively your life if this is your lifelong career. Of course it will affect you! When Work Makes You Feel Small I've had jobs where the boss micromanaged everyone, all the time. Even when you improved, even when you tried a better approach, there was always something wrong. Not constructive feedback - just the kind of environment where you start thinking, "No matter what I do, it's going to be wrong." I watched coworkers get treated in ways that still stick with me. A younger coworker got unexpectedly kicked by a horse on the job and instead of receiving any empathy or support, they were fired - then rehired only after the company faced legal pressure. I later lost my job there for attending my grandmother's funeral. Those experiences don't just feel unfair. They feel personal. They're the kind of thing that makes you realize some workplaces don't see you as a human being at all. The Real Damage Toxic Jobs Do Here's what people don't always understand about toxic environments: they don't just stress you out while you're there. They follow you. You start living in a constant state of hesitation. You double-check everything, overthink every small decision, and stop asking questions because you don't want to look dumb. Worst of all, you stop trusting yourself. You could be doing a great job, but instead of feeling proud, you feel anxious. Instead of thinking "I'm growing," you're thinking "I hope I don't mess up." That damage to your confidence doesn't disappear the moment you leave. The Healing Power of a Healthy Work Environment The good news is that the right work environment does the exact opposite. It builds you. In my current role at OnSite Pro Development, I have the kind of support system I didn't even realize I was missing - leadership that genuinely wants me to succeed and a culture that encourages improvement instead of punishing learning. I still work hard, still take things seriously, and honestly want to do even better because of it. But I'm not doing it out of fear. I'm doing it because I feel proud of what I'm building and supported along the way. I still have moments of self-doubt. But now I have reassurance and guidance instead of criticism and pressure. People who help me grow through the moment instead of making me feel bad for not already being perfect. That's one of the biggest gifts a healthy work environment can give you - it teaches you that you're capable. Supportive Leadership Changes Everything Supportive leadership doesn't just push you to do better. It motivates you to want to do better. You show up excited to contribute, not scared of being punished. You feel safe to grow. You feel proud of what you’re doing. You feel like your work matters. Instead of dreading the day, you start looking forward to what you're learning, what you're building, and who you're becoming. If You Feel Like You're Shrinking If you're currently in a toxic work environment, I just want to say this: If you feel like you’re shrinking, you’re not broken. You might just be in a place that isn’t meant to help you grow. Because the right environment doesn’t just change your career. It can change your confidence, your mindset, your motivation, and your life.
- A Sub’s Lien Rights Primer - Getting Paid in California
You did the work. You held up your end of the deal. And then the payment stopped. Whether it is a general contractor running short on cash, an owner in dispute with the GC, or a project that has simply gone sideways, the result is the same: you are left waiting on money you already earned. California and federal law give subcontractors powerful tools for exactly this situation: mechanic’s liens, stop payment notices, and bond claims. But every one of them comes with strict deadlines and specific requirements. Miss a step, and you lose the right. No exceptions. This primer breaks down how to use each tool, including on federal jobs under the Miller Act. Set Up Your Job Info Sheet Before Work Starts Before you lift a finger on any project, get the information you need to protect yourself. The best time to ask the GC for bond details, lender information, and owner contacts is at the start of the job, when it is routine. Ask after a dispute has erupted, the GC will know exactly why you are asking, and may not be eager to help. Make it a standard practice to require your GC to complete a Job Info Sheet at the outset of every project. At a minimum, it should capture: • Owner’s name and address • Construction lender’s name and address (if any) • Payment bond information: surety company name, bond number, and bond amount (if any) • General contractor’s name, address, and license number • Project address and legal description On private projects, there is one more question worth asking: is the party contracting for the work the property owner, or a tenant? It’s always best to serve your 20-Day Preliminary Notice described below on both the tenant (as the contracting “owner”) and the actual property owner. The 20-Day Preliminary Notice: Start Here, Every Time Before anything else, understand one rule that applies almost universally on California projects: serve a 20-Day Preliminary Notice on the owner, general contractor, and lender (if any) within 20 days of first furnishing labor or materials. Timing matters enormously. Serve it on time, and your lien and stop payment notice rights cover everything you furnished from day one. Serve it late, and your rights are cut back to only the labor and materials furnished in the 20 days prior to service. Everything before that window is not protected if you don’t get paid. This notice is not a threat or a demand. It simply puts the right parties on notice that you are on the job and expect to be paid. Make it a reflex on every project, every time. Mechanic’s Liens: Private Projects Only A mechanic’s lien is your most powerful tool on private projects: restaurants, office buildouts, retail stores, apartment buildings, and custom homes. It attaches directly to the property, which means the owner cannot sell or refinance without dealing with your claim. How it works: Your deadline runs from “completion” of the project. Completion most commonly occurs when the owner records a Notice of Completion or when the work is actually finished. One important nuance: if all work has stopped for a continuous 60 days, California law deems that a “completion” and the owner may record a Notice of Cessation to trigger the same shortened deadlines as a Notice of Completion. A prolonged job-site silence can start the clock even when the project is not formally wrapped up. Watch for it. Once completion or cessation has occurred you have: • 30 days to record your lien if the owner recorded a Notice of Completion or Notice of Cessation, or 90 days to record your lien if no such notice was recorded. • 90 days after recording to file a lawsuit to enforce the lien, or it expires. Mechanic’s liens are not available on public works projects. The government does not allow a lien placed on a public school or a city hall. That is where stop payment notices and bonds come in. Stop Payment Notices: California Public and Private Projects A stop payment notice is a legal freeze on construction funds. Serve one, and you are telling the owner or lender to withhold enough money from the GC to cover your unpaid balance. It works on both private and public projects, making it the most versatile tool in your kit. The same completion and cessation rules that govern mechanic’s lien deadlines apply here as well. Once completion or cessation occurs: • Serve the notice within 30 days if a Notice of Completion or Cessation was recorded, or within 90 days if not. • File suit within 90 days of the last day you could have served the notice. Stop Payment Notices can be done even when a mechanic's lien or bond are available. But a very important aspect is that you can send a Stop Payment Notice at any time during the course of construction for amounts you are currently owed, whether under the original subcontract or for change orders. Payment Bonds: When There’s a Surety Involved Many projects, and virtually all public projects, require the GC to obtain a payment bond from a surety company. That bond exists specifically to guarantee that subs and suppliers get paid. If the GC does not pay you, you make a claim against the bond. You can obtain a copy of a public works bond by doing a public records request to the public agency that owns the project. • California public projects: File suit within 6 months of the last day you could have served a Stop Payment Notice. • California private projects: The bond is a contract, and the suit deadline is set by its own terms. You may not know when that is if you can’t get a copy of the bond somehow, so act fast if you are not getting paid and the project is over. Federal Projects: The Miller Act Working on a Navy base, Camp Pendleton, a federal courthouse, or any other U.S. government project? State lien law does not apply. The Miller Act governs your rights on the payment bond that prime contractors are required to obtain on federal projects over $150,000. A Key Difference: When the Clock Starts On California projects, deadlines are triggered by the date the project is completed or ceases. Under the Miller Act, the clock runs from the date the individual claimant last furnished labor or materials, not from project completion. That distinction can matter significantly on long projects where a sub finishes its scope months before the job wraps up. The 90-Day Notice Requirement and Its Exception Under the Miller Act, any claimant who does not have a direct contractual relationship with the prime contractor must serve written notice on the prime contractor within 90 days of the claimant’s last day furnishing labor or materials. This notice is a hard prerequisite to filing suit on the bond. However, if you do have a direct contract with the prime, you are not required to give the 90-day notice at all. As a first-tier subcontractor, you can proceed directly to suit without it, as long as you file within the one-year deadline. Regardless of notice requirements, all Miller Act claimants must file suit within 1 year of their own last day furnishing labor or materials. A California 20-Day Preliminary Notice is not required on federal work, but putting your prime on written notice early is always a smart move. The Bottom Line These deadlines are hard cutoffs and courts rarely grant exceptions. Complete your Job Info Sheet before work starts. Treat the 20-Day Prelim as a reflex on every job. Track your last day on the job, and calendar your lien and notice deadlines the moment a payment dispute surfaces. When in doubt, get to a construction attorney early. It is far cheaper than losing your claim over a missed deadline.
- Deadlines, Distractions, and Discipline: Why Exercise Changes the Game
True confession: year after year, my desk-heavy workload quietly robbed me of strength, mental clarity, and confidence in my own health. I kept telling myself I’d “get back to it” after the next deadline, after the next project, after things slowed down. Spoiler: things never slowed down. What finally changed wasn’t my schedule. It was my mindset about why exercise matters in the first place. If you’re a construction project manager, you already know the daily grind: schedules, RFIs stacking up, change order conversations that feel like negotiations with a brick wall, and emails, calls, and texts that never stop. The mental load is relentless. What I discovered (and what science strongly backs) is that the single best tool I found for staying sharp, focused, and mentally resilient at work wasn’t a new app or a better planner. It was moving my body consistently. What Exercise Actually Does to Your Brain Here’s the part nobody tells you enough: exercise isn’t just about your body. When you get moving, your brain releases dopamine, serotonin, and norepinephrine, the chemicals responsible for focus, mood, and mental energy. More importantly, regular exercise increases production of something called BDNF (brain-derived neurotrophic factor), which is basically fertilizer for your neurons. It strengthens the connections in your prefrontal cortex, the part of your brain in charge of planning, decision-making, and juggling competing priorities. For a construction PM, that translates directly to: • Switching between tasks without losing your train of thought • Making sharper decisions under deadline pressure • Filtering distractions when three people need your attention at once • Recovering faster mentally after an interruption or a frustrating conversation That’s not a wellness pitch. That’s your prefrontal cortex working better because you gave it what it needed. This Isn’t About Looks — And That Mindset Matters Let’s get something out of the way early because it’s important: if your only motivation for exercising is to lose weight or look better, you’re building on a shaky foundation. Those goals are fine, but they’re slow to show results, easy to get discouraged by, and the moment you miss a few sessions, the whole habit collapses because the mirror doesn’t lie. The real reasons to exercise (the ones that actually keep you going) are about how you feel and how you function. Energy at 3pm instead of brain fog. Sleeping through the night instead of lying there rehashing the day’s problems. Walking into a tense owner’s meeting with a clear head instead of a cortisol hangover. Those are the payoffs you’ll notice within days, not months. And those are the reasons that stick. I stopped exercising “to get in shape” and started exercising because I wanted to be sharp and present so I can excel at work and at home. That single shift in thinking changed everything for me. The Tired-at-the-End-of-the-Day Problem (And How to Beat It) Here’s the honest truth about exercising after a long day: it’s hard. You’re drained. The couch is right there. Your brain is telling you that you’ve already done enough and you deserve to rest. And you know what? That brain of yours isn’t entirely wrong – you probably have done a lot. But here’s what I’ve learned firsthand: the tiredness you feel at the end of a stressful workday is mostly mental fatigue, not physical fatigue. Your body hasn’t actually been working that hard. Your mind has. And the counterintuitive truth is that physical movement is one of the fastest ways to clear mental fatigue. Even 20 minutes of movement will leave you feeling more recovered than if you’d just sat on the couch. A few things that helped me push through the evening resistance: Lower the bar deliberately. Tell yourself you only go for 10 minutes. That’s it. Ten minutes of movement. Almost every time, once you start, you’ll keep going. But even if you don’t, ten minutes beat zero and you’ve kept your commitment to yourself, which matters. Put your workout clothes on the moment you get home. It sounds almost too simple, but it works. The act of changing clothes is a physical signal to your brain that the workday is over and a new mode is beginning. Don’t sit down first. Change first. Keep a sticky note somewhere visible that says: “I never regret a workout.” Because you won’t. Not once. In hundreds of sessions, I have never finished a workout and thought, “I wish I hadn’t done that.” The regret only flows the other direction. Reframe rest. Rest is a reward you earn after the workout, not a substitute for it. Once that mental shift lands, the couch actually feels better because you’ve earned it. You Don’t Need a Gym — Your Living Room Works Fine One of the biggest lies we tell ourselves is that exercise requires a gym membership, special equipment, or a dedicated hour we don’t have. None of that is true . Plus, paying for a gym membership that you don’t use piles on the guilt of not working out. Your body weight is an incredibly effective resistance tool, and a 25-minute home routine done consistently will beat an elaborate gym program done sporadically every.single.time . Here’s a simple home-based routine that requires zero equipment and can be done in your living room, backyard, or garage: Squats: builds leg and core strength, improves posture from hours of sitting. Start with 3 sets of 10 and build from there. Lunges: targets quads, hamstrings, and glutes while also improving balance and single-leg stability. Push-ups: the classic upper-body and core strengthener. Do them on your kitchen counter of knees if needed at first. No shame in that - that’s exactly where I started back up. Plank holds: one of the best things you can do for your core and lower back, which takes a beating from a desk job. You can start of your elbows for 15-20 seconds and work up. Glute bridges: lying on your back with knees bent and lifting your hips toward the ceiling is a great for countering the hip flexor tightness that comes from sitting all day. Wall sit: a simple, brutal leg-strengthener that requires nothing but a wall to lean against and about 45 seconds of willingness. Mountain climbers or jumping jacks: these get the heart rate up without leaving the house or office. You don’t need to do all of these in one session. Pick four or five, do two to three rounds, and you’re done in under 30 minutes. The goal here isn’t to become a world-class athlete. The goal is to maintain the functional strength your body needs so that a long day at work doesn’t wreck you, and so your brain has the physical foundation it needs to operate at full capacity. Easing In: The Only Way to Make It Last I’ve made the mistake many, many times of early on of going too hard too fast. Three days back into exercising after a long break, I was sore for a week and used that as an excuse to stop. The habit never formed because I turned it into an unpleasant event instead of a routine. Here’s what actually works: Protect the time first, figure out the workout second. Pick two or three days a week and block that time like you would a project meeting. Early morning is great because the day’s chaos hasn’t started yet, but the right time is the time you’ll show up for. Start embarrassingly easy. Your first week back should feel almost too light. A 15-minute walk. Ten squats and ten push-ups. That’s a win. The goal in week one isn’t fitness, it’s building the neural pathway in your brain that says “this is just something I do now.” Don’t increase intensity until the habit feels automatic. Give it four to six weeks before you push harder. Once skipping a session feels weird, that’s when you know the habit is real. That’s when you can safely dial it up. The People Around You May Not Cheer You On (At First) This one caught me off guard, and I wish someone had warned me about it. When you start exercising consistently and your energy improves and you start talking about it, not everyone in your life is going to be supportive. Some colleagues will joke about it. A family member might roll their eyes. A friend might say “must be nice to have the time” with just enough edge to sting a little. Here’s what’s really happening in those moments: people who are sedentary and unhappy about it, even subconsciously, can feel uncomfortable when someone in their circle starts making different choices. Your progress is an indirect mirror of their inaction, and that creates friction. It’s not really about you. It’s about them. The mistake is either getting defensive about your habit or, worse, quietly abandoning it to avoid the social friction. Don’t do either. Just keep going. Don’t make a big deal of it, don’t preach, don’t post about it every day – just do it. Over time, one of two things usually happens: the people around you either start to come around and get curious, or they fade to background noise. Either way, you win. Your choices are not a group decision – this is for you – your health – your life! The Compounding Return What makes this all worth it for high-demand professionals is that the benefits compound. A project manager who is sleeping better, managing stress more effectively, and arriving at work with a clearer head isn’t just healthier, they’re genuinely better at their job. Better at the hard conversations. Better at spotting problems before they escalate. Better at staying calm when the day goes sideways and as we all know, in construction, the day always goes sideways at least once. I started exercising again because I was tired of feeling tired. I kept going because I started noticing real differences in how I thought, how I handled stress, and how I showed up for the people counting on me. That’s the big payoff no fitness ad ever talks about. Start with the time. Start slow. Ignore the noise. Start this week.
- Most Heavily Negotiated Subcontract Terms
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. Pay-When-Paid vs. Pay-If-Paid Clauses (Including Change Orders) Typical GC Language: “Receipt of payment by Contractor from Owner is an express condition precedent to Contractor’s obligation to pay Subcontractor. Subcontractor assumes the risk of Owner’s nonpayment for all Work performed.” “Payment for any approved Change Order work shall be due to Subcontractor only to the extent Contractor has received corresponding payment from Owner for such Change Order.” Why It Matters: Though pay-if-paid clauses are not enforceable in California, many states allow them. A pay-if-paid clause may eliminate your right to payment if the owner does not pay the GC. A pay-when-paid clause typically affects only timing. Many subcontracts extend this risk to change orders, meaning even approved extra work may go unpaid, or may significantly be delayed. Why Subcontractors Should Negotiate: These provisions shift the owner’s ability to pay the GC to you, despite your lack of a contract with the owner. This is especially risky for change work performed at the GC’s direction and at your cost. More Favorable Revision: Require payment within a defined period of time after submission of a payment application (i.e. no longer than 60-90 days) 30-60 days regardless of GC getting paid by owner, unless the subcontractor is the cause of owner’s non-payment. Require a deadline for approval of change orders and then payment of approved change orders , independent of owner payment. 2. Indemnity Clauses (and Consequential Damages Exposure) Typical GC Language: “To the fullest extent permitted by law, Subcontractor shall indemnify, defend, and hold harmless Contractor, Owner, and their agents (“Indemnitees”) from and against any and all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from Subcontractor’s performance of the Work, regardless of whether such claim is caused in part by and Indemnitee hereunder. This indemnification obligation expressly includes, without limitation, claims for bodily injury, sickness, disease, or death, or injury to or destruction of tangible property (including loss of use thereof), as well as economic losses, delay damages, loss of use, loss of profits, loss of business opportunity, and other consequential or indirect damages, suffered by the Indemnitees or third parties.” Why It Matters: Indemnity clauses can require you to pay damages and legal defense costs, sometimes before fault is determined. Broad language may also expose you to consequential damages, such as delay costs, lost profits, or extended project impacts. Why Subcontractors Should Negotiate: You may otherwise be responsible for others’ negligence and defense costs that exceed your contract value or insurance coverage. Plus, you have no way to analyze the risk for indirect and consequential damages. More Favorable Revision: Limit indemnity to damages “to the extent caused by” the negligence of you and any of your lower tier subs. Exclude indemnity for the claims to the extent caused by the negligence or willful misconduct of any Indemnitee or third party. Cap liability to the value of the subcontract sum (if you can) and/or the insurance limits in the subcontract for claims covered by insurance. Eliminate or limit consequential damages or make any waiver mutual. Or, only allow it to the extent the GC is liable for these types of damages under the prime contract. 3. Scope of Work, Flow-Down, and Review of Site & Documents Typical GC Language: “Subcontractor shall perform all Work required by the Contract Documents and shall be bound to Contractor by the same terms and conditions by which Contractor is bound to Owner under the Prime Contract, to the extent applicable to Subcontractor’s Work.” “Subcontractor represents that it has carefully examined the Project site and all Contract Documents and has satisfied itself as to the nature and location of the Work, including all conditions that may affect the cost or performance of the Work.” Why It Matters: These provisions can expand your obligations beyond your trade and shift responsibility for site conditions and design issues onto you. Why Subcontractors Should Negotiate: Without clarification, you may be deemed responsible for hidden conditions, design errors, or code compliance- despite not controlling design or having the ability to do more than a regular site visit to observe visible conditions. More Favorable Revision: Review the prime contract documents before signing your subcontract. Limit flow-down obligations to those expressly applicable to your scope and/or those that the prime contract requires the GC to flow down. Clearly define scope and exclusions in your subcontract and make sure the scope section or exhibit takes priority over other conflicting provisions in the subcontract and other Contract Documents. Limit site review to a reasonable visual inspection of accessible site areas and conditions only. Clarify document review is solely for coordinating your work, not for: Identifying design errors Verifying accuracy or completeness Ensuring Contract Documents compliance with laws or codes Require notice of observed issues without assuming design responsibility. 4. Change Order and Extra Work Provisions Typical GC Language: “Subcontractor shall not be entitled to any increase in the Subcontract Price or extension of time unless a written Change Order is issued and executed by Contractor prior to the performance of such work.” “Subcontractor shall provide written notice of any claim for additional compensation or time within three (3) days after the occurrence giving rise to such claim. Failure to provide such notice shall constitute a complete waiver of the claim.” “Subcontractor expressly waives any claim for extra work, delay, or disruption unless strict compliance with the notice and Change Order procedures set forth herein is met.” Why It Matters: Strict procedural requirements can bar recovery- even where extra work is directed or impacts are real. Why Subcontractors Should Negotiate: Claims are often denied due to technical noncompliance. Missing a short notice deadline or proceeding without formal documentation can eliminate your right to compensation or time. More Favorable Revision: Allow notice within a reasonable time (7 - 10 days after impact is known ). Require waiver only if late notice materially prejudices the GC. Acceptance of email notice as initial notice. 5. Termination for Convenience Typical GC Language: “Contractor may, at any time and for its convenience, terminate this Subcontract upon written notice to Subcontractor. In such event, Subcontractor shall be entitled only to payment for Work properly performed through the date of termination, and shall not be entitled to anticipated profits, overhead on unperformed Work, or any other damages.” Why It Matters: This allows the GC to terminate without cause, limiting your recovery only to work performed. Why Subcontractors Should Negotiate: You may incur demobilization costs, lose anticipated profit, and be left cancellation or restocking charges for cancelled POs or commitments and unused materials. More Favorable Revision: Recover demobilization, restocking, safe-off and cancellation costs. Calculate payment for work performed based on % complete per the schedule of values (if there is an SOV). Final Thoughts Subcontracts are risk allocation tools, not just paperwork. GCs routinely draft them to push risk downstream, and subcontractors who don’t negotiate often assume unintended exposure. Focus on high-risk provisions, propose reasonable revisions, and document all changes. A well-negotiated subcontract protects cash flow, limits liability, and positions your business for long-term success in a high-risk industry.
- Listed Subs are Protected Under CA Public Contract Code
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 4107 gives important protections to subcontractors who were listed in the prime contractor’s bid. In short, once you are listed in the winning bid, the prime contractor generally cannot simply replace you because you refuse to accept unfair subcontract terms. Understanding how this law works can help subcontractors protect themselves during subcontract negotiations. Once You’re Listed, You Matter to the Bid California’s public works bidding system requires prime contractors to list certain subcontractors in their bids. Those listed subcontractors are not just suggestions- they are part of the bid that wins the job. Once the public agency awards the contract, the prime contractor cannot freely swap out those listed subcontractors. The law recognizes that allowing easy substitutions would invite post-award “bid shopping,” where a prime contractor pressures a subcontractor to lower its price or accept unfavorable contract terms by threatening replacement. That is exactly what Public Contract Code section 4107 is designed to prevent. The Prime Contractor Can’t Replace You Without a Valid Reason Under section 4107(a) , a prime contractor cannot substitute another subcontractor for the one listed in the bid unless the public agency approves the substitution and one of the specific reasons listed in the statute exists. The law identifies several situations where substitution may be allowed. For example, substitution may be requested if the subcontractor refuses to sign a written contract for the work it bid, becomes insolvent or bankrupt, refuses to perform the work, cannot provide required bonds, or was listed due to a clerical mistake. Other provisions address situations where the subcontractor lacks the proper license, performs unsatisfactory work, causes delays, or becomes ineligible to work on public projects. (Pub. Cont. Code §4107(a)(1)–(9).) These are serious issues involving performance, licensing, or financial stability. Ordinary contract negotiations are not one of the listed reasons. Saying “No” to Bad Terms Doesn’t Mean You Can Be Replaced One of the most important parts of the statute for subcontractors is section 4107(a)(1) , which deals with situations where a subcontractor refuses to sign a written contract. The key point is that the statute refers to a contract that reflects the scope of work and price contained in the subcontractor’s bid . That matters a lot. Sometimes a prime contractor will send over a subcontract that includes terms the subcontractor never agreed to when it submitted its price. These may include expanded indemnity obligations, unreasonable delay risks, pay-when-paid provisions, or other terms that significantly increase the subcontractor’s exposure. If those terms were not part of the subcontractor’s bid, refusing to sign that version of the subcontract does not automatically give the prime contractor the right to replace the subcontractor. The law does not allow substitution simply because the subcontractor will not accept new or unfair contract terms that go beyond what was originally bid. In other words, Section 4107 prevents a prime contractor from using the threat of substitution as leverage to force subcontractors into signing unfavorable agreements. There’s Also a Formal Process Before Any Substitution Even when a prime contractor believes there is a legitimate reason for substitution, the statute requires a formal process. The prime contractor must submit a substitution request to the public agency and explain the reason. The listed subcontractor must then receive written notice of the request. After receiving notice, the subcontractor has the opportunity to object. If the subcontractor objects in writing within the time allowed by the statute, the public agency must hold a hearing before deciding whether substitution will be allowed. (Pub. Cont. Code §4107.) This process gives subcontractors the chance to explain their position before the public agency makes a decision. Why Your Bid Should Include Your Own Terms Subcontractors can make these legal protections even stronger by including their own terms and conditions in their bids or proposals . Because Section 4107 looks at the contract reflected in the subcontractor’s bid, including terms in your proposal helps define the agreement you are willing to enter into. If your bid includes conditions related to payment timing, change orders, risk allocation, or dispute procedures, those conditions help establish the framework for the subcontract that should follow. If the prime contractor later presents a subcontract that ignores or contradicts those terms, you have a stronger argument that the proposed contract does not match your bid. Including terms in your proposal can: Clarify the deal your price is based on Limit the ability of a prime contractor to introduce new risk after the bid Strengthen your position if a substitution request is made Help ensure the final subcontract reflects the terms you expected The Bottom Line California’s Subletting and Subcontracting Fair Practices Act gives real protection to subcontractors on public works projects. Under Public Contract Code section 4107 , a subcontractor listed in a winning bid cannot be replaced unless one of the specific statutory reasons exists and the public agency approves the substitution. Just as importantly, refusing to accept new or unfair subcontract terms is not a valid reason to remove a listed subcontractor. By understanding these protections- and by including clear terms and conditions in their bids- subcontractors can better protect themselves and negotiate subcontracts that reflect the deal they actually bid.
- 2026 Levels the Playing Field for Retention and Extra Work Payments on Private Works Projects
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 to take advantage of them. The new laws are: Civil Code § 8811, which addresses retention payments, and Civil Code § 8850, known as the Private Works Change Order Fair Payment Act, which creates a structured process for handling extra work and time-extension claims on covered private works projects. By design, these new laws look a lot like what some public-works contractors have benefited from under the Public Contract Code: a structured claims process that forces an owner to respond, identify disputed vs. undisputed amounts, and pay undisputed sums and a retention capped at 5%. Public works contractors have enjoyed statutory guardrails like Public Contract Code § 9204 (mandatory claims process) and retention-related rules like Public Contract Code § 7201 (public entity retention generally capped at 5% of progress payment). Let’s take a deeper dive into how these new laws affect Subcontractors, how they compare to similar laws for public works project. Plus, we’ll touch on some subcontract tips you can use immediately. The 5% Private Retention Cap What Changes for Private Projects? For covered private contracts entered into on/after January 1, 2026 , retention is capped at 5% of progress payments, and total retention withheld may not exceed 5% of the subcontract price . Importantly for subs, the statute also aims to prevent retention “games” between tiers, meaning your retention rate shouldn’t exceed what the owner holds from the prime contractor, which is also now capped at 5%. There are a couple of exceptions to this cap – the new law does not apply to: (a) “a direct contractor or subcontractor if the direct contractor or subcontractor provides written notice to a subcontractor before, or at, the time that the bid is requested that a faithful performance and payment bond shall be required, and a subcontractor subsequently fails to furnish to the direct contractor or subcontractor a performance and payment bond issued by an admitted surety insurer.” (b) “an owner, direct contractor, or subcontractor on a residential project if the project is not mixed-use and does not exceed four stories.” How Section 8811 Compares to Public Works Since 2012, public owners (especially local agencies) have operated under a “5% retention” cap per Public Contract Code §7201 (unless the project has special characteristics such as being “substantially complex.”) Both laws contain “flow-down” style retention rules that include language that the retention withheld from Subs generally may not exceed what the Owner withholds from the Prime Contractor. Subcontracting Tips: Even though the new statutes prohibit the waving of these retention rules by contracts, it is sometimes hard to “teach” the prime contractor’s accounts payable team what the law requires when your subcontract doesn’t follow the law. So, when reviewing a subcontract, watch for, and edit, subcontract provisions that contain r etention clauses greater than 5% or greater than what the owner is holding from the contractor under the prime contract. The New Change Order / Claim Process What Changes for Private Projects? Historically, private change-order disputes were often governed by whatever the contract said—sometimes resulting in delayed decisions, withheld payment, and “we’ll sort it out at the end” dynamics. The California Legislature has finally recognized these unfair tactics and, in enacting this new law, declared the following: (1) It is in the best interests of the state and its citizens to ensure that all construction business performed on a private works project in the state that is complete and not in dispute is paid in full and in a timely manner. (2) Delays in payment for works of improvement and site improvements impose significant financial hardships on contractors, particularly small businesses, disadvantaged business enterprises, and disabled veteran business enterprises. (3) The lack of clear procedures for resolving disputes related to change orders often leads to costly litigation where a predetermined method could avoid such costs. (4) Prompt and fair payment promotes economic stability within the construction industry and ensures efficient project completion. So, starting January 1, 2026, Civil Code § 8850 introduced a statutory structure for handling certain change-order and time-extension claims on covered private projects, including required steps and timelines and a focus on paying undisputed amounts. Even if your subcontract has a detailed claims clause, your contract language can’t safely ignore the statute on covered projects because § 8850 is designed to impose non-waivable procedural rules in many contexts. How This Compares to Public Works Since 2017, many public agencies have been subject to a mandatory claims resolution process under Public Contract Code § 9204, which requires the public entity to respond, identify what’s disputed vs. undisputed, and process payment of undisputed portions within a defined timeframe. For example, PCC § 9204 provides that once the public entity issues its written statement identifying disputed/undisputed portions, payment due on an undisputed portion must be processed and made within 60 days . Civil Code § 8850 has the same requirement with both laws imposing interest of 2% per month on undisputed amounts that are not timely paid. This means that private projects have now moved toward a “process discipline” that public works contractors have relied on to prevent indefinite payment delays. Subcontracting Tips: Subcontractors will still see subcontract language in their private works subcontracts that, in practice, will undermine these protections unless the Sub is savvy on how these laws work. Key risk clauses include: “No payment for extra work without a fully executed change order” with no statutory-friendly alternative path. You want language that dictates payment in a defined period of time once the extra work is performed when the paperwork lags the field. Short notice provisions are still enforceable and easy to miss (e.g., 24–48 hours) tied to waiver of all claims. Change the notice provisions to be based on business days, and add language such as: “Subcontractor’s failure to provide notice (or submit a claim) within the time required herein shall not act as a waiver of Subcontractor’s claim except to the extent such failure materially prejudices Contractor.” An example of what would “materially prejudice” a Contractor is if a Sub submits a late claim for an Owner-caused delay or change, and then the Owner has the right and does deny the Contractor’s claim because the Contractor’s notice or claim to the Owner was likewise late under the Prime Contract requirements. Broad waiver language in form pay applications (“waive all claims through date”). If you sign these routinely, you may undercut your ability to use the statutory process effectively. Going Forward For subcontractors, these laws aren’t just “legal updates”—they’re cash-flow tools. Retention at 10% on private work has long operated like an interest-free loan from subs to the project. A 5% cap (on covered projects) can materially improve working capital—especially for trades performing work early in the project with heavy material and labor costs. Whether working on a private project or a public project, maximize your chance for success by giving timely notice of delays and extras and by aligning your internal documentation to strengthen your position when making a claim. Focus on daily reports, T&M ticket process, RFI logs, change and directive logs, and schedule impacts. The better you understand this new landscape for private projects, the more confidence you’ll have when it’s time to assert your rights!
- ✍️Doing It Anyway: Growing into a Career I Never Expected
If you told me a few years ago that I’d be working in marketing and business development and representing a professional training company at industry events, I probably would’ve laughed. I was just some 21-year-old with a small dog training and pet care business, trying to pay rent and navigate a tough home life. I had always believed I’d become a dog trainer, herpetologist, or vet- or at least end up with a career working with the animals I love so much. But life had other plans. My career started by chance, doing data entry and research for Scholefield Construction Law. It wasn’t something I planned. I had no idea that one of my dog training clients would become my future boss- someone who would completely change the trajectory of not only my career, but my mentality and many other aspects of my life. But it turned out to be the first step on a path I didn’t even know I wanted. Learning as I Go - The “I’ll Figure It Out” Phase Over time, more opportunities came my way. I was surrounded by an incredibly supportive team and work environment, which made me want to do my part and help however I could. Whenever new tasks came up, I said yes- even if I didn’t actually know what I was doing yet. Eventually, my responsibilities shifted from data entry to including marketing tasks for a new company, OnSite Pro Development, founded by Pam Scholefield, who also leads Scholefield Construction Law. While OPD is a separate business, it was born from Pam’s vision to expand her passion for educating and empowering professionals in the construction industry. I saw that contagious passion of hers and wanted to contribute. After a year of working under Scholefield Construction Law, my employment shifted to working directly with OnSite Pro Development. I didn’t have a formal marketing background- or any marketing background, but I dove in anyway. I spent my free time studying through what we call “YouTube University,” learning everything I could to understand my new role. When Pam offered to enroll me in a Digital Marketing Certification course, I jumped at the opportunity. That course opened my eyes to new mindsets and showed me how much there was to learn and how exciting it could be to be part of building something new. What’s Behind the Door? - Entering the Professional World for the First Time As my role grew, so did my confidence (and my nerves). My work evolved from remote marketing tasks to also including business development, which meant attending trade group events and networking in person for the first time. I’ll be honest: it was intimidating. I was 22 years old, walking into rooms full of people who had been in the industry for decades. I remember my first trade group meeting vividly- my heart was racing the whole time, and I was so unbelievably nervous when the time came to introduce myself and the company I represent. So much was running through my mind: “How do I interact in this kind of environment?” “I’m representing OPD, I need to make a good impression.” “I’m not on the same level as these business professionals.” “What if my inexperience is grossly obvious?” But I went anyway. And that decision made all the difference. That first meeting and the meetings that followed taught me that it’s okay to be new. Not only do people understand, but they can also tell when you’re trying, and most of them want to help. These experienced men and women have seen dozens of inexperienced people walk through those doors, and they were new once too. When you show up with genuine effort, people notice. You don’t have to walk in with decades of experience, you just need to show up and do your best- be present, ask questions, get to know people. What I’ve Learned One Year In - Confidence Isn’t a Finish Line Now, a year later, I’d be lying if I said I feel like I know exactly what I’m doing. There’s this idea that “when I grow up, I’ll know everything.” But I’m learning that you’re always just going to be you - no matter your age or experience. Every new person you meet and every networking event you attend will be a new experience. But if you go in with the passion and determination to do your best- that’s all you can do. We’re only human; we don’t grow into robots, we will never know everything. There will always be “what ifs.” But nothing will happen if you let those “what ifs” prevent you from trying. The truth is, growth doesn’t come from knowing everything- it comes from showing up, trying, learning, and doing it anyway.











