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For UK builders & main contractors

Subcontractor Delays Costing You Money? What to Do

Sviat Jay
Sviat JayFounder of BizMentor & Craftex. Updated , 6 min read
Scaffold tower and crane on a period building in a town centre

The short answer

When a subcontractor's delay is costing you money, record it the same day, put it in writing, and check what your subcontract says about time and delay. Recover your cost only with evidence and a valid pay less notice. Then fix the cause: a clear programme, start dates in the order and weekly checks.

  1. Record it today. Dates, photos, who was waiting and what it cost. No record, no recovery.
  2. Put it in writing. A short notice to the sub naming the delay, the programme date missed and what you need.
  3. Recover it properly. Check your subcontract, then deduct only with evidence and a valid pay less notice.
  4. Stop the next one. Programme dates in every order, a weekly look-ahead and a bench of backup trades.

A subcontractor is running late. The next trade is standing around. Your client is asking when the kitchen goes in. And every day the job overruns, your margin gets smaller.

This guide is for UK builders and main contractors whose subcontractor delays are costing money. It shows what to do today, how to recover the cost properly, and how to stop it next time.

It comes from Craftex, a working London construction company that runs subcontract packages as main contractor. If you want help with a delay on your own job, book a free strategy call.

1Step 1 of 5

Record the subcontractor delay the same day

You can only recover what you can prove. So start a delay record the day the sub misses a date. Not at the end of the job.

Write down five things each day the delay runs:

  • The date missed: the programme date the sub agreed, and the date they actually started or finished.
  • Photos: the area not done, with the date on them.
  • Who was waiting: other trades, your own labour, plant on hire.
  • What it cost: day rates, hire, extra prelims, re-booked deliveries.
  • What the sub said: messages, emails and the reason they gave.

A WhatsApp photo and one line in your daily site report is enough. What matters is that it was written down on the day.

Scaffold with a stair tower on a building being refurbished
Every day a trade runs late, the scaffold, the site team and the next trade still cost money.
2Step 2 of 5

Put the delay in writing and ask for a recovery plan

Phone calls get forgotten. Send a short written notice the same day or the next morning.

Keep it calm and factual. Name the work, the programme date missed, and the effect on the next trade. Ask for a recovery plan by a set date: extra labour, longer days, or a new finish date they will commit to.

Most subcontracts, including the JCT forms, expect both sides to tell each other about delays in writing. If your sub sends you a delay notice of their own, answer it. They may be saying the delay is your fault.

Mistake to avoid

Shouting on site and saying nothing in writing. When it comes to money, the sub's version will be the only one on paper.

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3Step 3 of 5

Check what your subcontract says about delay

Before you charge anything, read your subcontract or order. Your right to recover depends on what it says, not on how angry you are.

What you have What it usually means Your next step
JCT subcontract with datesNotices, extensions of time and loss claims are set outFollow its notice steps exactly
Your own order with a programmeYou can argue the sub breached the agreed datesShow the programme was agreed
Quote with no datesHard to prove the sub was "late"Agree dates in writing now
Verbal agreement onlyYour word against theirsConfirm everything by email today

Watch the extension of time trap. In Carillion v Emcor (Court of Appeal, 2017), a subcontractor was late, but later got an extension for delays caused by others. Under the JCT wording the extension ran on from the old date. That wiped out the period Carillion wanted damages for.

So if client changes or other trades also caused delay, your claim can shrink fast. This is why Sviat advises builders to use contracts written to protect the contractor, not off-the-shelf forms left unamended. See JCT vs a bespoke contract.

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Not sure if your subcontract lets you charge for the delay?

Book a free strategy call and we'll go through it with you.

4Step 4 of 5

Recover the cost properly, with a pay less notice

Once you know your rights, work out the real cost. Only charge what you can show.

  1. Add up the evidence. Waiting labour, hire, extra prelims and any damages your client deducts from you.
  2. Link each cost to the sub's delay. If another trade or a client change also caused delay, take that part out.
  3. Tell the sub first. Send the figure with the photos and dates. Many accept a fair, evidenced charge.
  4. Deduct with a valid pay less notice. The Construction Act says you can only pay less than the notified sum with a pay less notice. Send it on time and show how you got the figure.

Never just hold back money. A deduction without a valid notice can hand the sub a quick win in adjudication. For how contra charges look from the other side, read contra charges from a main contractor.

When we charge a trade back on a Craftex job, we send the photos, the dates and the cost with the notice. If we can't evidence it, we don't charge it. Firm with clients, fair with subcontractors.

Delay works both ways. In Roe Brickwork v Wates, the main contractor delayed a bricklayer's start by about six months. The adjudicator awarded the sub £381,459.75 plus interest, and the High Court enforced it. If your site isn't ready, the sub can claim from you.

This is the paperwork our commercial management service runs for contractors. Joe Crawford, Craftex's Commercial Director, has 37+ years in commercial construction. To set your orders up so delay costs land where they belong, book a free strategy call.

Excavator beside sheet piling on an urban basement dig
Plant on hire while you wait for a late trade is a cost you can evidence.
5Step 5 of 5

Stop subcontractor delays before they start

Recovering money is the fallback. The real win is a job where trades turn up on the date you agreed. These five habits do most of the work:

  • Programme dates in every order: start, finish and access dates written into the subcontract, not a phone call.
  • A real programme: built before the job starts and shared with every trade. See how to create a construction programme.
  • Two-week look-ahead: each Friday, confirm next fortnight's start dates with each trade in writing.
  • Site ready before they arrive: drawings, materials and access sorted, so the delay can't be blamed on you.
  • A bench of backup trades: two or three you trust for each package. See how to find reliable subcontractors.

If a sub misses dates on two jobs, they don't get a third. Keep that list honest.

What this looks like in practice. Adam and Ali were stuck at about £500K a year with Adam running most of the business himself. After putting structure in place, they won a £528K project in about 4 months.

Individual results, not typical or guaranteed.

Sviat Jay mentors owners one to one himself, while still running Craftex. Every business is different: one owner is strong on sales, another on running sites. He finds yours and builds the systems around it. The aim is results in about 4 months, not the 1–3 years many coaching programs take.

Want jobs that finish on time and keep their margin? Book a free strategy call. Or score your business in 4 minutes with the free Construction Business Scorecard. If delays keep eating your margin, our commercial management service handles delay notices, contra-charges and final accounts for you.

Shelves of rolled-up drawings in a design office
Most delays are agreed into the job before anyone gets to site.
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This is general information as of October 2026, not legal advice. For a large claim or a dispute heading to adjudication, speak to a construction solicitor.

Checklist

Before you charge your subcontractor

  • You have a dated delay record with photos and costs
  • The sub has a written notice and a deadline for a recovery plan
  • You have checked your subcontract's delay and notice terms
  • Delay caused by others or client changes is taken out
  • Your pay less notice is ready, on time, with the figure explained
FAQ

Frequently asked questions

Can I charge a subcontractor for delays?

Only if the subcontract allows it and you can prove the sub caused the delay and what it cost you. Deduct it from a payment with a valid pay less notice, sent on time, showing how the sum is worked out.

Can I pass my client's liquidated damages on to a subcontractor?

Only where your subcontract says so and the sub's delay caused the late finish. If other trades or client changes also caused delay, an extension of time can wipe out the period you hoped to charge for.

What should I do first when a subcontractor is running late?

Write down the dates, take photos and note who was left waiting. Then send a short written notice naming the missed programme date and asking for a recovery plan by a set day.

Can a subcontractor claim against me for delay?

Yes. If you hold them up, for example by not having the site ready, they can claim their loss. In Roe Brickwork v Wates a six-month delayed start led to an adjudicator's award of over £381,000.

Should I just stop paying a slow subcontractor?

No. Withholding money without a valid pay less notice breaks the Construction Act and can hand the sub a quick win in adjudication. Deduct only what you can evidence, in the right notice.

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