Frequently Asked Questions from Entrepreneurs Who Have Subcontractors

Managing subcontractors, especially multiple subcontractors, can be both an exciting and challenging aspect of running a business. Entrepreneurs and small business owners often wonder how to balance quality, efficiency, and relationships with subcontractors while still meeting their own business goals. Whether you're just starting out or have years of experience, there are always questions that arise when working with subcontractors. This blog will explore frequently asked questions from entrepreneurs and business owners in this field, providing insights, strategies, and tips to help you succeed.

1. What Is the Best Way to Choose Subcontractors? Choosing the right subcontractors is one of the most critical decisions an small business owners and entrepreneurs can make. A good subcontractor relationship can lead to high-quality work and project success, while a poor choice can result in missed deadlines and subpar results. Here are a few key considerations when it comes to selecting a subcontractor for your business:
   • Reputation and Experience: Research potential subcontractors thoroughly. Look for testimonials, reviews, and portfolios that showcase their previous work. Are they familiar with the industry standards? What's their background, how long have they been in the field or industry? 
   • Skills and Specializations: Make sure the subcontractor's skills align with the specific needs of your project. For example, if you're in construction, does the subcontractor have experience in specialized areas like plumbing or electrical work? If you're looking for a marketing expert for a project, what have they done recently and what does their portfolio look like? 
   • Availability: Ensure that the subcontractor has the bandwidth to take on your project and meet deadlines. Double-booking or overstretching themselves could lead to delays. Most subcontractors are working for multiple clients (this is beneficial to you in terms of classification), but you'll want to make sure that they have managed their schedule accordingly. 
   • Cultural Fit: Does the subcontractor's working style align with your company’s values and expectations? If communication styles or work ethics differ too much, friction may arise. Spend some time talking with them, and essentially interviewing them before diving in and bringig them on for a specific project. 
2. How Can I Ensure Consistent Quality Across Multiple Subcontractors? When working with several subcontractors at once, maintaining a consistent standard of quality can be tricky. You'll want to be able to monitor progress while simultaneously making sure you're not running up agains some issues with exerting too much control over a contractor (this could lead to them being classified as an employee). Here are some tips for managing the quality control aspect of using multiple contractors:
   • Set Clear Expectations Upfront: Define the scope, deliverables, and quality standards at the beginning of the project. This reduces ambiguity and provides a solid framework for subcontractors to follow. You should also incorporate all of this into a services agreement or subcontractor agreement. 
   • Regular Check-ins and Reviews: Don’t wait until the end of the project to review the work. Schedule regular check-ins to monitor progress and provide feedback. You could set up milestones or require that progress reports be submitted. 
   • Create a Standard Operating Procedure (SOP): An SOP can serve as a guidebook for subcontractors. It should outline the processes they must follow and the standards they need to meet.
   • Incentivize Quality Work: Offer performance-based incentives for subcontractors who consistently meet or exceed your expectations. There's nothing that would prevent you from giving a contractor a bonus or incentive payment for meeting a certain quality of work, or finishing the project within a certain timeframe. 
3. How Should I Structure Contracts with Subcontractors? First and foremost, you should always have a contract with your subcontractors, it's an easy way to protect yourself from a lot of potential liability. Clear and detailed contracts are essential for preventing misunderstandings and ensuring that both parties are protected. Here are some elements of a strong contract:
   • Scope of Work: Clearly define the tasks the subcontractor is responsible for, including deadlines, deliverables, and milestones. Be as specific as you need to be so you're satisfied that everyone is on the same page. 
   • Payment Terms: Outline how and when the subcontractor will be paid. Will they be paid by the hour, per project, or upon completion of specific milestones? When will payment be made: weekly, monthly, milestones? Also, have the contractor invoice you for payments and pay according to the terms of the invoice or contract. 
   • Termination Clause: Include a provision that outlines the conditions under which either party can terminate the contract.
   • Confidentiality Agreement: Depending on the nature of your business, you will likely want to include a non-disclosure agreement (NDA) to protect your proprietary information. You can simply incorporate it into your contractor agreement in most cases. 
   • Liability and Insurance: Ensure that the subcontractor has adequate insurance coverage to protect both of you in the case of damages, delays, or accidents.
   • Dispute Resolution: You can be specific about how any disputes will be handled. This can help you avoid costly litigation down the road.
4. What Are the Legal and Risk Considerations I Need to Be Aware Of? Legal and risk issues can arise quickly when working with multiple subcontractors, especially if the scope of the project is broad or spans different regions. Make sure you pay attention to this part of using contractors, many entrepreneurs and small businesses overlook, or avoid, this altogether and open themselves up to significant liability on the state and federal level. Important legal aspects of when working with contractors include:
   • Worker Classification: Make sure that your subcontractors are classified correctly as independent contractors, not employees. Misclassification can result in hefty fines and back taxes. This is likely the most common risk and legal issue that small businesses and entrepreneurs face when working with subcontractors. Many/most completely ignore this step and the potential consequences; you do so at your own peril. The costs and fines can be unbearable. Make sure you have a process and system to properly classify workers that you are bringing on. There are federal and state regulations and rules to consider. 
   • Intellectual Property Rights: If your subcontractors are involved in creating intellectual property, such as designs or written content, make sure your contract stipulates who owns the rights to the work. Don't forget that intellectual property is a valuable asset to your business and you'll want to be able to recognize it and protect it. 
   • Dispute Resolution: It was briefly mentioned above but deserves another mention here as a risk you can manage. Specify how disputes will be handled, whether through arbitration, mediation, or litigation. This can save time and money if conflicts arise.
5. How Do I Handle Conflicts or Disputes with Subcontractors? It's worth expanding a little more on conflicts with subcontractors and some strategies around that. Conflicts can arise for a variety of reasons: missed deadlines, unsatisfactory work, or payment disputes. How you handle these situations can make or break the relationship with your subcontractor. Additionally, how you handle them can have a direct impact on how the conflict is ultimately resolved, and it's in your best interest to try and avoid formal legal proceedings. Here are some conflict resolution strategies: 
   • Address Issues Early: The longer an issue lingers, the more complicated it becomes. If you notice a problem, address it immediately with open communication. Communication is one of the biggest tools you have to help deal with potential disputes and issues. 
   • Focus on Solutions, Not Blame: When discussing conflicts, concentrate on finding a solution rather than placing blame. This can keep the conversation constructive and reduce tension. Blaming a subcontractor right off the bat will make them defensive and a resolution that much harder to achieve. 
   • Mediation: If the conflict escalates and cannot be resolved through direct communication, consider hiring a mediator to facilitate the conversation and find a middle ground. This is almost certainly a better route to resolution than a lawsuit and court case. 
6. How Do I Maintain Good Communication with Subcontractors? Strong communication is essential when managing multiple subcontractors. It helps prevent misunderstandings, clarifies expectations, and keeps the project on track. Here are some best practices for communicating with subcontractors:
   • Regular Updates: Schedule weekly or bi-weekly (or whatever interval is appropriate) check-ins to discuss progress, roadblocks, and next steps. It doesn't have to be long or involved, but it will allow you to keep a handle on where things are and issues that may be coming up. 
   • Clear Channels: Establish a primary communication platform (e.g., email, Slack, or project management software) to ensure that messages are centralized and easily accessible. It helps streamline things to run smoothly. 
   • Document Everything: Keep a written record of all communications, especially those regarding deadlines, changes in scope, or payments. This can help avoid miscommunication and provide a point of reference if needed.
   • Be Available: Ensure that subcontractors know you are approachable and available for questions or clarification. It fosters a more collaborative relationship.
7. How Can I Scale My Business Effectively Using Subcontractors? Subcontractors can be a powerful tool for scaling your business without the overhead of hiring full-time employees. However, scaling with subcontractors requires a strategic approach. You'll also want to carefully consider what type of services and support you will need, and if you can properly classify the help you are getting as independent contractors as opposed to employees. Here are some tips for scaling with independent contractors:
   • Build a Pool of Trusted Subcontractors: You don't need to rely on just one or two subcontractors. They have varying skills and abilities and you likely have a variety of projects or needs across the aspects of your business. Building a network of trusted individuals or firms allows you to take on more projects without worrying about availability.
   • Standardize Your Processes: As your business grows, it’s important to have standardized processes that all subcontractors follow. This ensures consistency and reduces confusion.
   • Automate Where Possible: Use tools that automate invoicing, scheduling, and communication to reduce administrative tasks and focus on growth.
   • Invest in Relationships: Building strong relationships with your subcontractors ensures that they’re more likely to prioritize your work, deliver quality results, and stick around as your business grows.
8. How Do I Ensure Subcontractors Meet Deadlines? Meeting deadlines is crucial for both your subcontractors and your overall business success. Late deliverables can cause delays in your entire project. This is an important aspect of working with independent contractors as you don't have some of the control over them that you would over employees, so it's important to be able to manage deadlines. Here are some key tips for keeping subcontractors on schedule:
   • Set Clear, Realistic Deadlines: Make sure the deadlines are achievable, taking into account potential obstacles. Clearly communicate these deadlines in writing. They should be in the contract, and have been discussed upfront so everyone understands the expectation. 
   • Break the Project into Milestones: Instead of one final deadline, break the project into smaller milestones. This helps subcontractors stay focused and allows for regular check-ins.
   • Use Project Management Tools: Track progress and set reminders for subcontractors to keep them accountable.
   • Incentivize Timeliness: Offer bonuses for early or on-time completion, and consider penalties for late work, as long as it’s outlined in the contract.
9. What Are the Tax Implications of Hiring Subcontractors? When working with subcontractors, it's important to understand the tax obligations that come with this arrangement. This helps you avoid legal issues and ensures you're compliant with tax laws. This is often an area that small businesses and entrepreneurs neglect or don't fully understand. Don't let this be something you overlook, it can be handled upfront and save you considerable headaches. A few tax considerations when it comes to independent contractors: 
   • If you pay a subcontractor more than $600 in a year, you’re required to issue them a 1099-NEC form. This form is essential for reporting payments to the IRS.
   • Subcontractors are responsible for paying their own self-employment taxes. You are not required to withhold taxes from their payments, but be sure your contract clearly states that they are responsible for their own taxes and you have no liability or responsibility in that area. 

Utilizing subcontractors can be very beneficial to entrepreneurs and small businesses. It's important to cover the bases are you get started working with them. Most of the issues companies run into can be avoided with some proactive planning and strategy.

If you have questions about how to best utilize independent contractors or subcontractors reach out for a free consultation.