The Construction Contracts Co.
Glossary
Glossary / Back-charge

Back-charge

A back-charge is a cost the builder claims against you - rectification by others, cleaning, plant hire, supervision - typically deducted from your next payment under the contract's set-off clause.

Legitimate back-charges exist. The problems are procedural: charges raised without notice, without substantiation, long after the event, or at rates you never agreed. The contract's set-off and notice drafting decides whether you find out before or after the money is gone.

Why it matters to subbies

Respond to every back-charge in writing, promptly, even when small - silence reads as acceptance, and patterns set on small charges scale to big ones. If the deduction leaves a payment claim underpaid, security of payment machinery may apply to the gap.

What does YOUR contract say about it?
The free scanner reads your subcontract clause by clause, benchmarked against real Australian contracts. 90 seconds.
Scan my contract free

Keep reading

General information for Australian subcontractors, not legal advice - contract drafting and state legislation vary and change; your document and your state's Act govern. Written by Mat Kennedy at The Construction Contracts Co.