Subcontractors: A Guide to working with Them

In the construction industry, a subcontractor is a company or individual that is hired by a general contractor to complete a specific task or set of tasks on a construction project. Subcontractors are typically used for specialised work that the general contractor does not have the expertise or resources to do in-house. For example, a general contractor might subcontract out the electrical work on a building project to a company that specialises in electrical installations. In large-scale infrastructure projects, such as the construction of a new airport or highway, subcontractors play an essential role. These projects are often too complex and require too many specialised skills to be completed by a single general contractor. By subcontracting out various tasks, general contractors can ensure that the project is completed on time and within budget. The specific roles and responsibilities of subcontractors can vary depending on the project. However, some common tasks that subcontractors might perform on large-scale infrastructure projects include: Excavation and site preparation: Subcontractors are often responsible for clearing the site, excavating the foundation, and preparing the ground for construction.Concrete work: Subcontractors can pour concrete foundations, slabs, and walls.Structural steel work: Subcontractors can erect steel beams and columns.Masonry work: Subcontractors can lay bricks, block, and stone.Roofing work: Subcontractors can install roofing materials, such as shingles, metal, or tiles.HVAC work: Subcontractors can install heating, ventilation, and air conditioning systems.Electrical work: Subcontractors can install electrical wiring and fixtures.Plumbing work: Subcontractors can install plumbing pipes and fixtures.Painting work: Subcontractors can paint the interior and exterior of buildings.Landscaping: Subcontractors can install plants, trees, and shrubs. Why there’s a need of hiring subcontractors? The use of subcontractors in the construction industry in India has a long history, dating back to the pre-independence era. However, it was only after independence that the practice of hiring subcontractors for large-scale infrastructure projects really took off. There were a number of factors that contributed to this trend. First, the Indian government began to invest heavily in infrastructure development in the post-independence period. This led to a surge in demand for construction services, which could not be met by the existing pool of contractors. As a result, subcontractors were increasingly used to supplement the capacity of main contractors. Second, the Indian government introduced a number of policies that made it easier for subcontractors to operate. These included measures to simplify the registration process, reduce the amount of paperwork required, and provide access to credit. These policies made it more attractive for businesses to enter the subcontracting market, which led to an increase in the number of available subcontractors. Third, the development of a more sophisticated construction industry in India also played a role in the growth of subcontracting. As the industry became more organized and professionalized, there was a growing demand for specialized skills and expertise. This led to the emergence of a number of specialized subcontractors who could provide these services to main contractors. By hiring subcontractors, general contractors can save time and money, and focus on their core competencies. However, there are also risks associated with subcontracting, such as performance and quality risks. Types of Risks Performance and quality risks Performance risks refer to the possibility that a subcontractor will not complete the work on time, within budget, or to the required quality standards. This can lead to delays, cost overruns, and even safety hazards. Some of the factors that can contribute to performance risks include: The subcontractor's lack of experience or expertise in the specific work to be performedThe subcontractor's financial problems or inability to obtain necessary permits or licensesChanges in the scope of work or project scheduleUnforeseen site conditionsLabor shortages or strikes Quality risks refer to the possibility that the work performed by a subcontractor will not meet the required standards of quality. This can lead to costly rework, repairs, or even the need to demolish and rebuild a portion of the project. Some of the factors that can contribute to quality risks include: The subcontractor's use of substandard materials or workmanshipThe subcontractor's failure to follow the project's specifications or drawingsThe subcontractor's lack of attention to detailThe subcontractor's inadequate quality control procedures 2. Schedule risk The subcontractor may not succeed in completing the work within the agreed timeframe. Lack of funds and resources may derail the subcontractor’s work schedule and impact the entire project. If the subcontractor does not complete the work on time, there is every chance of the project getting delayed. This can lead to cost overruns and impact relationships with key stakeholders. 3. Financial Risk The subcontractor may experience financial difficulties during the project. Subcontractors may not be able to accurately estimate the cost of their work, which can lead to cost overruns for the overall project. This can be a significant financial risk for the project owner, especially in large-scale projects where the cost of materials and labor can fluctuate. Financial instability. If a subcontractor's work results in injury or damage, the project owner may be liable for insurance claims. This can be a significant financial risk, especially for large projects. Subcontractors may go out of business or become financially insolvent, which can leave the project owner with unpaid bills. This can be a major financial risk, especially for large projects that rely on a number of subcontractors.4.Relationship Risk Large infrastructure projects involve a lot of different parties, and it can be easy for communication to break down between the main contractor and the subcontractors. This can lead to delays, cost overruns, and even safety hazards. When things go wrong on a project, it is not uncommon for disputes to arise between the main contractor and the subcontractors. These disputes can be costly and time-consuming to resolve, and they can even derail the project altogether. The scope of a large infrastructure project can change over time, and this can lead to problems with the subcontractors. If the subcontractors are not properly informed of changes to the scope, they may not be able to deliver the work on time or within budget. How to Avoid Major Risks Involved in Subcontractor Contracts1. Avoid Informal or Verbal Agreements When hiring contractors, it is important to avoid informal or verbal agreements. This is because verbal agreements can be difficult to enforce, and they may not include all of the important terms of the contract. A written contract, on the other hand, is a legally binding document that clearly sets out the terms of the agreement between the parties. This can help to avoid disputes and ensure that both parties are aware of their obligations. Here are some of the reasons why it is important to avoid informal or verbal agreements when hiring contractors: Verbal agreements can be difficult to prove. If there is a dispute, it may be difficult to prove the terms of a verbal agreement. This is because there is no written record of the agreement, and witnesses may not remember all of the details. Verbal agreements may not include all of the important terms. When hiring a contractor, it is important to have a written contract that includes all of the important terms of the agreement. This includes the scope of work, the timeline, the payment terms, and the dispute resolution process. A written contract can help to protect both parties. A written contract can help to protect both the contractor and the client. For the contractor, it provides a clear understanding of their obligations and ensures that they are paid for their work. For the client, it provides a way to hold the contractor accountable if they do not meet their obligations. If you are hiring a contractor, it is important to take the time to create a written contract. This will help to protect both parties and avoid any potential disputes down the road.2. Use an Industry-Standard Template Hiring independent contractors can be a great way for businesses to save money and get work done quickly. However, it is important to use an industry-standard template when hiring contractors in order to protect both parties involved. An industry-standard template will typically include the following information: The scope of work to be performed by the contractorThe payment termsThe schedule for deliverablesThe intellectual property rights associated with the workThe termination termsThe governing law Using an industry-standard template can help to ensure that all of the important details are covered in the contract and that both parties understand their rights and responsibilities. This can help to avoid misunderstandings and disputes down the road. In addition, using an industry-standard template can help to protect businesses from legal liability. For example, a well-drafted contract can help to ensure that the contractor is not considered an employee of the business, which can save the business on taxes and benefits. Finally, using an industry-standard template can simply make the contracting process more efficient. By having a template to work from, businesses can avoid having to negotiate every detail of the contract with each new contractor. This can save time and money, and it can also help to ensure that contracts are consistent from one contractor to the next. A well drafted contract agreement An agreement between a project owner and a contractor is essential for any infrastructure project. It outlines the responsibilities of both parties, the scope of work, the payment schedule, and the terms of dispute resolution. A well-drafted agreement can help to prevent costly delays and disputes, and ensure that the project is completed on time and within budget. Here are some of the key elements that should be included in an agreement for an infrastructure project: Project scope: The agreement should clearly define the scope of work that the contractor is responsible for. This includes the specific tasks that need to be completed, as well as the materials and equipment that will be used. Schedule and milestones: The agreement should set forth a schedule for the completion of the project, as well as specific milestones that must be met along the way. This will help to ensure that the project stays on track and that the contractor is held accountable for its progress. Payment terms: The agreement should specify how the contractor will be paid, and when payments will be made. This will help to avoid disputes over payment and ensure that the contractor has the financial resources to complete the project. Change orders: The agreement should address how change orders will be handled. Change orders are modifications to the original scope of work, and they can have a significant impact on the cost and schedule of the project. It is important to have a clear process in place for approving and pricing change orders to avoid disputes. Dispute resolution: The agreement should specify how disputes between the project owner and the contractor will be resolved. This may include mediation, arbitration, or litigation. It is important to have a clear process in place for resolving disputes so that they do not delay or derail the project. The takeaway Businesses should continuously engage with their contractors and subcontractors to monitor risks and ensure compliance with necessary standards. They should not assume that contractors are compliant simply because they have completed a questionnaire. Instead, businesses should periodically conduct thorough analyses of contractor policies, procedures, and behaviours. This should be an ongoing process that is part of developing and maintaining strong contractor relationships. Additionally, businesses should have contingency plans in place to deal with contract violations and unexpected events.