Backcharge
The term backcharge refers to a financial charge made by a contractor against a subcontractor when the subcontractor fails to fulfill their contractual obligations, such as completing their work on time, performing work to the required quality standards, or causing damage that needs to be rectified. The contractor incurs additional costs to rectify these issues, which are charged back to the subcontractor responsible.
This might occur for example:
- If a subcontractor's work is found to be defective or substandard, the main contractor may need to engage another party or use their own resources to correct the issues. The cost of these corrective measures is then backcharged to the subcontractor responsible.
- When a subcontractor fails to complete their work according to the agreed schedule, it can cause delays and disrupt the overall project timeline. Any additional costs incurred due to these delays, such as penalties from the client or costs for extended site management, can be backcharged to the subcontractor.
- If a subcontractor causes damage to the property or materials on-site, the cost of repairing or replacing the damaged items can be backcharged to them.
- If a subcontractor fails to comply with health and safety regulations, resulting in fines or additional costs to bring the site back into compliance, these costs can be backcharged to the subcontractor.
The contractor must document the deficiencies or issues caused by the subcontractor, including evidence of the additional costs incurred. The subcontractor is notified of the issues and the intention to backcharge. This includes providing them with an opportunity to rectify the situation themselves within a specified timeframe, if applicable. The costs are calculated and deducted from the payments owed to the subcontractor. This deduction is typically reflected in a payment certificate or similar financial document.
[edit] Related articles on Designing Buildings
- Causes of construction disputes.
- Construction supply chain payment charter.
- Damages.
- Fair payment practices.
- Housing Grants, Construction and Regeneration Act.
- Liquidated damages.
- The Late Payment of Commercial Debts Regulations 2013.
- Payment notice.
- Payments to nominated sub-contractors.
- Pay less notice.
- Payment holiday.
- Payment schedule.
- Penalty.
- Project bank accounts.
- Prompt payment code.
- Scheme for construction contracts.
- The causes of late payment in construction.
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