By Anthony I. Shin, Esq. | Construction Litigation Attorney | Shin Law Office
When a subcontractor dispute hits your project, it doesn’t just slow things down—it threatens your reputation, your budget, and your ability to finish the job.
I’ve seen it all here in Northern Virginia.
A contractor doesn’t pay the sub.
A sub walks off the job.
Deadlines get missed.
Materials don’t show up.
And suddenly, everyone’s pointing fingers.
I work with both general contractors and subcontractors across Loudoun, Fairfax, and Prince William Counties to resolve these conflicts fast and with as little damage as possible.
Here’s how I approach it—and what you should know before you end up in court.
What’s a Subcontractor Dispute?
In construction law, a subcontractor dispute happens when the general contractor and subcontractor don’t see eye to eye. It can involve missed deadlines, poor workmanship, late payments, unpaid invoices, or unclear project scopes.
These disputes are common—and often avoidable with better documentation and communication. But once you’re in one, legal clarity becomes critical.
Common Subcontractor Problems I See
1. Missed Deadlines
If a subcontractor doesn’t finish work on time, the entire project stalls. That can lead to financial penalties, strained client relationships, and liability claims. I help general contractors enforce the project schedule—or renegotiate terms when needed.
2. Poor Workmanship
If the job isn’t done right the first time, it costs more to fix it later. As your attorney, I work closely with inspectors and construction experts to document substandard work and determine who is responsible.
3. Payment Disputes
Subcontractors deserve to be paid for the work they complete. But if there’s a disagreement over deliverables, that check may never arrive. I’ve helped subs file mechanic’s liens and resolve claims without putting the entire job at risk.
4. Scope Creep
If the original agreement didn’t clearly define what work the subcontractor was responsible for, things get messy. Change orders and vague expectations create a legal gray area that I’m trained to clarify.
My Legal Approach to Subcontractor Disputes
When clients bring me in—whether they’re the GC or the sub—I go straight to the paperwork. I review:
- The written contract or subcontract
- Any change orders
- Communication records (emails, texts, logs)
- Payment schedules
- Permits and inspection reports
Once I understand the facts, I will help you negotiate a resolution.
If that fails, I’ll prepare to litigate. I’m not shy about going to court if it means protecting your bottom line.
Northern Virginia Courts Expect Clear Evidence
Whether we’re in Fairfax, Loudoun, or Prince William County, the judges expect professionalism and proof. That means you need to:
- Have a signed contract
- Show the timeline and scope of work
- Provide evidence of delay or underperformance
- Document payment attempts and responses
If you’re not organized, your case loses power. That’s why I tell clients: document everything—especially when trouble starts.
Frequently Asked Questions from Contractors & Subs
- What if I don’t have a formal contract?
You still may have a claim under oral agreements or past work history, but it’s harder to enforce. I can assess what you have and provide advice accordingly. - How fast can we resolve this?
Sometimes, we resolve disputes in a week with a phone call and a settlement agreement. At other times, it can take months in court. The goal is to achieve a fast, fair, and enforceable process. - Do I need to file a lien?
If you’re a subcontractor and you haven’t been paid, filing a mechanic’s lien may preserve your rights. However, there are deadlines and paperwork requirements under Virginia law. Don’t wait. - Can we settle without going to court?
Absolutely. In fact, I often push for that first. Mediation, negotiation, and arbitration are all effective paths if handled appropriately.
Final Thoughts
Subcontractor disputes are a part of construction—but they don’t have to be project-ending disasters.
Whether you’re a general contractor protecting your timeline or a subcontractor fighting to get paid, I’ll help you navigate the conflict and emerge stronger.
At Shin Law Office, I’ve resolved countless construction disputes in Northern Virginia.
Let’s discuss your project before things get out of hand.
The earlier you get legal guidance, the more options you have—and the more likely we are to finish what you started.
— Anthony I. Shin, Esq.
Principal Attorney | Shin Law Office
Call 571-445-6565 or book a consultation online today.
