Out-of-sequence work is a serious problem for trade contractors. If work is not performed in a logical sequence, the cost and duration of that work increases. In a recent case, a trade subcontractor was confronted with out-of-sequence work caused by the prime contractor. The sub mishandled the situation, putting itself—instead of the prime—in breach of the subcontract.
The drywall subcontractor discovered the prime had allowed installation of the mechanical equipment prior to the dry walling. Rather than seeking a price increase under the Changes clause of the subcontract, the sub refused to perform, prompting the prime contractor to bring in a replacement drywaller. The defaulting subcontractor paid the prime’s increased costs.
The other case in this issue involves a trade contractor’s warranty of its work. The masonry subcontractor warranted exterior stucco work to the prime contractor and the project owner. The sub found itself defending a breach of warranty claim asserted by a subsequent owner after numerous transfers of the property.
