How Do Subcontracts Work in Missouri Construction Law?
Jun 13 2025 On Behalf of David M. Duree & Associates, P.C. Construction Law
For many construction projects, the contractor hired by the property owner or developer will, in turn, hire one or more subcontractors to perform specific parts of the project via a subcontract. But how does Missouri construction law govern subcontracts in construction projects?
What Is a Subcontract?
In a construction project, a subcontract refers to an agreement between a general contractor and a subcontractor or supplier under which the subcontractor performs a specific part of the project. For example, a general contractor may hire an HVAC subcontractor to install ductwork and HVAC equipment in a commercial or multi-unit residential building under construction or renovation. Other common examples of subcontracted work in construction projects include:
- Electrical work
- Plumbing (water and natural gas)
- Concrete pouring
- Masonry
- Framing
- Roofing
- Landscaping
Subcontracts differ from a general contractor’s agreement with the property owner or developer, under which the general contractor broadly agrees to complete the proposed construction contract. The general contractor, in turn, hires specialized subcontractors to perform the different parts of the project.
Legal Requirements and Key Contract Terms
A valid subcontract will likely include several required terms, including:
- A description of the scope of work the subcontractor will perform
- Payment terms or schedule
- The process for making change orders and modifications
- Termination provisions
- Dispute resolution procedures
Contractors and subcontractors should always put subcontracts in writing. Various Missouri statutes govern the payment of subcontractors under written agreements, including Missouri’s Prompt Payment Act for public construction projects and state statutes mandating payment in private construction work.
Lien Rights and Legal Protections for Subcontractors
In Missouri, a mechanic’s lien allows subcontractors and materials suppliers to claim a security interest in a construction project to obtain payment for work or materials. To enforce a lien, a subcontractor must file a notice of intent to lien at least ten days before filing the lien. Subcontractors must file the lien within six months of the last date of work under the subcontract and file suit to enforce the lien within six months of filing it.
Common Disputes and How to Avoid Them
Common examples of disputes that can arise in construction subcontracts in Missouri include:
- Non-payment for completed work or delayed payment under the payment schedule in the subcontract
- Delays in completion of work due to inadequate labor or delayed delivery of construction materials
- Disagreements over the scope of work and whether a subcontractor agreed to perform a specific construction task
Contractors and subcontractors can avoid contract disputes by having detailed written agreements that thoroughly describe the work the subcontractor will perform and the terms under which the contractor will pay the subcontractor. When parties discuss changes to the scope of work, they must keep written documentation and proof that each party has agreed to the change.
Contact a Construction Law Attorney Today
Before entering a subcontract in a construction project, you need experienced legal advice and counsel to understand how the law will govern the subcontract. Contact David M. Duree and Associates, P.C., today for an initial consultation with our legal team to learn more about how construction subcontracts work under Missouri law.