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If you’re working as a sub‐contractor, it is important to protect yourself and know your rights. Just like any other business, there are many obstacles that can get in the way of you doing what you really love – whether it’s managing contracts, resolving a dispute with the head contractor, or not being paid on time (or at all!).
Taking the time to ensure you have proper processes in place can help protect you from dealing with these issues down the track – particularly with the evolving legal landscape in 2025.
In this article, we take you through some key steps you can adopt to help ensure you’re prepared for the challenges you may face as a sub‐contractor in today’s dynamic market.
Do Your Research
Before signing any agreement or entering into a working relationship, one of the smartest actions you can take is to perform thorough background research. By learning about the head contractor for the job you’re considering, you protect your interests and minimise the risk of being involved with less reliable businesses. It’s also worth checking independent review sites – sometimes even feedback on platforms like our couriers page can provide additional insight into industry reputations.
What Questions Should You Ask?
Some key details you could request from the head contractor include:
- Their Company Registration Number (CRN) – note that a CRN is only issued to a registered company;
- Their registered business name; and
- Any licences they hold, including the relevant licence numbers if applicable.
Generally, a reputable head contractor will have no hesitation in sharing these details and answering any further questions you might have.
How Do You Verify Information Given To You?
Once the head contractor has provided details about their business, it’s a good idea to verify this information. You can do this by checking this government register, which is kept up to date with the latest data as of 2025.
This register can help you to:
- Confirm whether the company and/or business name is officially registered;
- Identify who holds the business name and review other officeholders;
- Determine whether the head contractor or their company has entered into any enforceable undertakings; and
- Ensure that the head contractor or their company is not banned or disqualified from managing companies.
It is essential to remember that verifying information does not automatically guarantee that the head contractor is a safe partner. It simply provides a foundation from which you can better assess the risks.
How Can This Information Help You?
Obtaining details about a head contractor is one thing; knowing how to use that information to assess the risks is another. By comparing the data you receive with current industry benchmarks and insights available in 2025, you can make a well‐informed decision. For further guidance on establishing a solid legal framework for your business, feel free to check out our article on How to Start a Courier Business in Australia, which provides practical tips for sectors where logistics play a key role.
We have compiled a non‐exhaustive list below to help you interpret and draw valuable clues from the information provided by the head contractor.
Business Name
Examining how long a company has operated under its current business name can offer you an idea of its stability and historical reputation.
Company Status
As a rule of thumb, it is safest to work with a registered company. In 2025, most reputable businesses ensure they remain compliant with the latest UK regulations.
If a company is deregistered, it cannot legally operate, which presents significant risks for any sub‐contractor.
Company Directors And Officers
Just as with the business name, looking at how long a director or officer has been with the company can shed light on its overall stability. Frequent changes in management may indicate underlying internal issues or inconsistencies in policy. Moreover, exercise caution if an individual appears to wield managerial power without being officially listed as a director on Companies House – this might signal potential problems with authority or even financial instability.
Have A Written Contract In Place
As a sub‐contractor, having a clear, written contract is your best defence when working relationships turn sour. In the context of a head contractor and sub‐contractor arrangement, this is typically formalised as a Sub‐Contractor Agreement. It is vital to have a written and signed contract before work begins, so that you have a reliable point of reference in the event of a disagreement, dispute, or any unforeseen issues.
- Read Thoroughly: Take the time to read the entire agreement carefully before you sign it. Once you sign a Sub‐Contractor Agreement, you are legally bound by its terms.
- Negotiations: Use the negotiation process to ensure that the terms are fair and protective of your interests – for example, you might request personal guarantees as additional security for payments.
- Dispute Resolution Procedure: It is highly recommended that your agreement includes a comprehensive dispute resolution clause outlining what steps should be taken in the event of disagreements, late payments, or contract termination. This might include predefined timeframes for raising claims and mechanisms for repayment instalments.
- Make Your Own Calculations: Before accepting a price quoted by the head contractor, carry out your own estimation of the time, cost, and resources required. If you are paid on a time basis, then keeping detailed timesheets with descriptions of the work performed is essential.
- Payment Terms: Your Sub‐Contractor Agreement should state clear payment terms – detailing the goods or services provided, the pricing basis, and the conditions for payment. Ensure that these terms remain consistent and are reflected accurately on any invoices issued.
- Variations To Contract: Projects often evolve, and when changes occur it is vital that any variations to the contract are agreed in writing. This documentation should detail the changes to the work scope, pricing adjustments, or revised delivery dates, allowing you to activate dispute resolution clauses if necessary.
Dealing With Disputes
The most effective way to avert disputes is to have a written agreement in place from the outset. This ensures that both parties understand their responsibilities concerning liability, obligations, and performance standards. Should a dispute arise, your Sub‐Contractor Agreement serves as a solid reference point.
Even with thorough preparations, disputes sometimes occur. In such situations, it is advisable to communicate directly with the head contractor and attempt to resolve the issue amicably through alternative dispute resolution (ADR) processes. Modern ADR techniques in 2025 are designed to be both effective and cost‐efficient, preserving your business relationships without resorting immediately to court action.
Key ADR options include:
- Facilitation – an independent third party works with both you and the head contractor to clarify the disputed issues and propose practical solutions.
- Mediation – a mediator assists both sides in reaching a mutually acceptable resolution, leaving final control in your hands.
- Conciliation – similar to mediation, but the conciliator may offer non-binding settlement suggestions to help break a deadlock.
- Arbitration – the most formal ADR method, where a tribunal can make binding decisions, if both parties agree to this approach.
Taking legal action should always be your last resort, as court proceedings are expensive, time‐consuming, and can cause lasting disruptions. For further insights into dispute resolution strategies updated for 2025, you might also find our overview on Force Majeure considerations useful.
How To Make Sure You Get Paid
One of the most crucial steps you can take to ensure timely payment is to issue a correct invoice from the start – even minor errors can lead to delays. If your Sub‐Contractor Agreement specifies a timeframe for invoicing, adhere to it closely. Where no specific date is mentioned, the common practice is to issue invoices on the last day of the month.
What Can You Do If You Haven’t Been Paid?
Although it can be frustrating, there are several steps you can take if payment is not received on time:
- Review your Sub‐Contractor Agreement for the payment terms, dispute resolution processes, and any arrangements for debt recovery;
- Follow up with the head contractor promptly after a payment is overdue – a courteous phone call or email reminder can often resolve the matter;
- Consider initiating the agreed dispute resolution process (such as negotiation or conciliation) as stipulated in your contract;
- If necessary, send a formal letter of demand to reiterate your payment requirements;
- Engage a debt collection agency if further action is needed;
- As a final measure, consider taking legal action through the courts.
Look Out For Warning Signs
Keeping a vigilant eye on how a company operates can help you spot early warning signs of financial instability, enabling you to take action before payment issues escalate. Here are some indicators to watch for:
- Frequent delays in payments to you or other sub‐contractors;
- High employee turnover, which may suggest instability;
- A marked slowdown in project progress or performance;
- Chronic late delivery or inconsistent performance of services as per agreed timeframes;
- Reduced communication or response frequency from the head contractor.
Need More Help?
Protecting yourself as a sub‐contractor might seem like a daunting task, but investing time in due diligence and establishing robust processes is invaluable in the long term. With recent industry updates and legal reforms in 2025, ensuring that your business is properly protected has never been more important.
A well‐drafted Sub‐Contractor Agreement is vital, not only to help resolve disputes and secure timely payment but also to signal that your professional services are respected. For an extra layer of guidance, you might also explore our resources on Contractor vs Sub‐Contractor dynamics and other related topics.
Staying informed about the latest legal developments is crucial. Consider subscribing to our newsletter to receive timely updates on regulations, best practices and tips specifically tailored for sub‐contractors in 2025.
If you’d like some help setting up systems of protection for you and your business – whether it be drafting an agreement, discussing a dispute, registering a security interest, or any other legal matter – we are here to help!
Reach out to our team of friendly and experienced lawyers for a free, no-obligation chat at [email protected] or call us on 08081347754.
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