Construction Subcontractor Dispute & Payment Delay Intake Form

Please complete this detailed intake form to submit a formal subcontractor dispute, payment delay claim, change order discrepancy, or backcharge contestation. Providing complete information and attaching required supporting documentation allows our project management, legal, and commercial auditing teams to thoroughly investigate your contract, audit project logs, and resolve payment or performance disputes efficiently.

I. Subcontractor & Subcontract Details

Subcontractor Company Name

State Contractor License Number

Primary Contact Name & Title

Direct Phone Number

Primary Email Address

General Contractor (GC) Name

Project Name & Job Number

Physical Jobsite Address

City

State / Province

Postal / Zip Code

II. Contract Scope & Financial Summary

1. Trade / Scope of Work Performed


2. Subcontract Financial Overview


Original Subcontract Value

Total Approved Change Orders to Date

Current Adjusted Subcontract Total

Total Value of Work Completed & Billed to Date

Total Payments Received to Date

Retainage Withheld Amount (if applicable)


3. Disputed Financial Scope


Total Disputed Amount in Contention

Uncontested Balance Outstanding

Current Pay Application / Payment Period Number in Dispute

III. Dispute Classification & Primary Cause

Primary Reason for Submission (Select all that apply)

IV. Detailed Project Narrative & Event Timeline

Statement of Dispute & Timeline

Please describe the specific project facts, directive dates, communications with the General Contractor, field conditions, or reasons why this payment or backcharge is disputed:

V. Notice Requirements & Field Communication Log

1. Was formal written notice of this delay, extra work, or dispute issued to the GC within the subcontractually required timeframe?

2. Communication & Notice History Log (If applicable, complete the table below)

GC Response Status: 1 = Approved, 2 = Denied, 3 = Response Received / Under Review

Notice / Letter Type

Date Sent / Received

Issued To (Name & Title)

Reference # / RFI #

GC Response Status

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

VI. Document Checklist & Attachments

To ensure an expedited commercial audit, please attach all relevant project documentation. Incomplete submissions may delay resolution.

Executed Subcontract Agreement (including all exhibit attachments and general conditions)

Disputed Pay Application(s) & Schedule of Values (SOV) (showing billed percentages and line-item breakdowns)

Original Approved vs. Current Proposed Change Orders (Copies of proposed change requests, field directives, and cost backups)

Written Notices of Dispute / Delay (Formal correspondence sent to the General Contractor pursuant to contract notice provisions)

Daily Construction Reports & Timesheets (Field logs documenting manpower, equipment, and impacted work areas)

Requests for Information (RFIs) & Architect Responses (RFIs demonstrating design delays or clarification requests)

Lien Waivers / Release Documentation (Copies of conditional or unconditional lien waivers associated with past pay apps)

VII. Terms, Authorizations & Signatures

By signing below, the subcontractor representative acknowledges and agrees to the following terms:

  1. Attestation of Truthfulness: All daily logs, certified payroll records, schedule of values line items, and statements provided in this form are true, accurate, and submitted in good faith.
  2. Preservation of Lien Rights: Submission of this dispute form does not constitute a waiver of statutory mechanic's lien rights, bond claims, or prompt payment act protections.
  3. Duty to Continue Performance: Pursuant to standard subcontract provisions, subcontractor acknowledges the obligation to continue work diligently on non-disputed scope items during this commercial dispute review.
  4. Audit Timeline: The commercial dispute committee will acknowledge receipt within 3 business days and issue an initial findings report within 21 calendar days.

Authorized Subcontractor Representative Signature

VIII. General Contractor Commercial Audit Log (Internal Use Only)

Phase 1: Subcontract & Notice Compliance Audit

Phase 2: Technical, Schedule & Field Audit


Phase 3: Resolution & Commercial Determination


1. Audit Determination

2. Financial Adjustment & Action Plan

Auditor Notes & Summary

Lead AP Auditor Signature

Form Template Insights

Please remove this form template insights section before publishing.


This form functions as a binding, structured intake tool for trade contractors and a rigorous commercial audit roadmap for GC project managers, commercial directors, and legal counsel. Every section is engineered to eliminate ambiguity, preserve legal rights, and enforce contractual compliance.

I. Subcontractor & Subcontract Details

Why it’s needed: Establishes legal corporate identity, licensing validity, and jobsite jurisdiction.

  • License Number & Corporate Details: Verifies that the subcontractor holds active, valid state licensing required to perform the trade work and legally enforce payment claims or mechanics' liens.
  • GC Name, Job Number & Physical Address: Links the claim directly to the master contract, specific project accounting ledger, and local property jurisdiction governing statutory lien deadlines.

II. Contract Scope & Financial Summary

Why it’s needed: Reconciles the macro contract balance and isolates the exact financial variance in dispute.

  • Trade / Scope Selection: Directs the file to the correct trade specialist (e.g., MEP vs. Structural) who understands specific trade standards and inspection requirements.
  • Subcontract Financial Overview (Original, Change Orders, Payments, Retainage): Establishes the macro financial baseline. It prevents disputes over isolated line items when the overall contract accounting is misaligned.
  • Disputed vs. Uncontested Scope: Critically important. Identifies uncontested progress payments so the GC can release non-disputed funds immediately, keeping the project compliant with prompt payment statutes while isolating the contested balance for audit.

III. Dispute Classification & Primary Cause

Why it’s needed: Categorizes the dispute into an immediate legal and operational workflow.

  • Primary Cause Selection: Narrows down the diagnostic procedure instantly:
    • Unapproved Change Order $\rightarrow$ Triggers RFI, field directive, and cost-backup audits.
    • Unjustified Backcharge $\rightarrow$ Triggers GC daily log review and written notice verification.
    • Schedule Delay / Acceleration $\rightarrow$ Triggers Critical Path Method (CPM) schedule impact analysis.

IV. Detailed Project Narrative & Event Timeline

Why it’s needed: Captures qualitative field facts that financial ledgers cannot convey.

  • Narrative & Timeline: Forces the claimant to detail the exact sequence of events, including verbal directions given by site superintendents, adverse weather conditions, or trade interference at the dock or jobsite.

V. Notice Requirements & Field Communication Log

Why it’s needed: Enforces strict contractual "Time-Bar" provisions.

  • Formal Notice Confirmation & Log: Construction subcontracts routinely contain strict notice provisions (e.g., requiring written notice of delay or extra cost within 7 days of occurrence). Verifying whether formal written notice was issued determines if the claim is legally valid or contractually time-barred before the GC spends time auditing field costs.

VI. Document Checklist & Attachments

Why it’s needed: Converts subjective claims into verifiable, auditable facts.

  • Executed Subcontract & Schedule of Values (SOV): Proves agreed unit pricing, markup percentages, and contractual terms.
  • Daily Reports, Timesheets & RFIs: Provides objective evidence of field manpower, equipment idle time, and architect clarifications supporting extra work or delay claims.
  • Lien Waivers: Cross-references past conditional and unconditional lien releases to ensure payments match executed waiver limits.

VII. Terms, Authorizations & Signatures

Why it’s needed: Protects legal rights and enforces project continuity.

  • Preservation of Lien Rights: Explicitly states that submitting an administrative dispute form does not forfeit the subcontractor's statutory rights to file a mechanic's lien or bond claim if the issue remains unresolved.
  • Duty to Continue Performance: Binds the subcontractor to continue working on non-disputed scope items during the 21-day audit window, preventing costly, unauthorized jobsite walk-offs.

VIII. General Contractor Commercial Audit Log (Internal Use)

Why it’s needed: Provides an auditable paper trail for project owners, lenders, and surety bond companies.

  • Guides GC project management through a 3-phase verification process (Notice Compliance $\rightarrow$ Field Log/CPM Audit $\rightarrow$ Final Commercial Settlement), ensuring change orders, backcharges, or payment releases are backed by verified daily logs and critical path schedule analysis.


Mandatory Questions Recommendation

Please remove this mandatory questions recommendation section before publishing.


Here are the critical required questions for this template and the exact operational, legal, and commercial reasons why organizations must make them mandatory:


1. Subcontractor & License Details

  • Required Questions: Subcontractor Legal Company Name, State Contractor License Number, Primary Contact Email, and Direct Phone Number.
  • Why It Must Be Required: Commercial construction contracts require verified corporate identity and legal licensing. Audit and legal teams cannot establish contractual standing, confirm active license status, or run conflict-of-interest checks without exact entity names and license numbers.

2. Project & General Contractor Identifiers

  • Required Questions: General Contractor (GC) Name, Project Name, Job/Contract Number, and Physical Jobsite Address.
  • Why It Must Be Required: Construction disputes and statutory mechanics' liens are tied directly to real property and specific master subcontracts. Pinpointing the physical site address and job number ensures the dispute is routed to the correct GC project manager and identifies the legal property jurisdiction governing statutory notice deadlines.

3. Scope of Work & Trade Classification

  • Required Questions: Trade / Scope Category (e.g., Structural, MEP, Exterior, Interior Finishes, Civil/Site Work).
  • Why It Must Be Required: Different trades follow distinct building codes, inspection protocols, and sub-tier supplier networks. Categorizing the trade instantly routes the claim to the correct specialized estimator or project manager who understands those specific technical standards and schedule impacts.

4. Financial Discrepancy Breakdown

  • Required Questions: Original Subcontract Value, Total Billed to Date, Total Disputed Amount in Contention, and Uncontested Balance Outstanding.
  • Why It Must Be Required: Isolating the exact dollar variance in contention is essential for balance-sheet reserve allocation and prompt payment compliance. Mandating the "Uncontested Balance Outstanding" ensures the GC can release non-disputed progress payments immediately—keeping the subcontractor compliant with prompt payment rules—while isolating the contested amount for commercial review.

5. Dispute Classification & Primary Cause

  • Required Questions: Primary Dispute Category (e.g., Payment Delay/Non-Payment, Unapproved Change Order, Unjustified Backcharge, Schedule Delay & Acceleration, Retainage Release Dispute).
  • Why It Must Be Required: The dispute category dictates the diagnostic audit procedure. For instance, an unapproved change order triggers an RFI and field directive audit, an unjustified backcharge triggers a review of GC daily superintendent logs, and a schedule delay triggers a Critical Path Method (CPM) delay analysis.

6. Contractual Notice History

  • Required Questions: Confirmation of Formal Written Notice Issued (Yes / No / Verbal Only) and Notice Dates.
  • Why It Must Be Required: Construction subcontracts almost universally contain strict "Time-Bar" provisions requiring written notice of delay or extra cost within a short window (typically 7 to 14 days of occurrence). Verifying notice history upfront determines whether the claim is legally valid before spending resources auditing field costs.

7. Mandatory Document Checklist Attachments

  • Required Attachments: Executed Subcontract Agreement, Disputed Pay Application(s) & Schedule of Values (SOV), and Written Notice of Dispute/Delay.
  • Why It Must Be Required: An unevidenced payment dispute cannot survive a commercial audit or legal review. Mandating primary contract documents and itemized SOVs upfront eliminates protracted back-and-forth communication and provides the factual foundation needed to verify billing percentages.

8. Legal Attestation & Authorized Signature

  • Required Questions: Authorized Representative Signature, Printed Name, Title, and Date.
  • Why It Must Be Required: Submitting a payment dispute carries legal weight. The signature verifies that the individual has corporate authority to file the claim, attests to the accuracy of the financial logs under penalty of dismissal, and binds the subcontractor to continue working on non-disputed scope items during the audit window.


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