Subcontract review for the specialty trades.

Capstan reads a specialty trade subcontract and establishes what it obliges the subcontractor to do, clause by clause, so a claim is not lost to a deadline nobody knew was running.

Miami, Florida · Founded 2026

From a 131-page executed subcontract
Clause
Article 20
Starts
Knowledge of the event giving rise to the claim
Window
10 days to make the claim in writing
And then
days, unstated
early enough for the contractor to pass the claim to the owner in time
If missed
The clause waives the claim

The second deadline is not in the subcontract. It sits in the agreement between the contractor and the owner, one of twenty-one documents this subcontract incorporates and does not supply.

Public court exhibit · names removed

01

Practice

A subcontract is a set of obligations with clocks attached. Most of them are never read, and the ones that matter are the ones that end a claim rather than reduce it. Capstan works on three areas of that document.

  • Notice obligations and deadlines

    Every provision requiring the subcontractor to notify, submit or claim within a period: what starts the clock, how long it runs, what form the notice must take, and whether missing it forfeits the claim or only delays it.

  • Documents incorporated by reference

    The prime contract, general conditions, schedules and exhibits a subcontract binds the subcontractor to without supplying. Where an obligation defers to one of them, the deadline cannot be computed from the subcontract alone, and the document is named so it can be requested.

  • Back-charge and setoff provisions

    What the contractor must do before deducting, back-charging or completing the work himself. Where the contract requires notice and an opportunity to cure before the deduction, that requirement is identified and cited, because whether it was met is the first question counsel will ask.

Not covered Lien and bond deadlines are statutory, well served elsewhere, and outside this practice. Where a deadline turns out to be one of those, it is identified and referred on.

02

Method

The value of a list of obligations is entirely in whether it can be relied on. A summary that quietly omits what it could not read is worse than no summary, because it is acted on. Four rules govern the work.

  • Every page is read. Not a keyword search and not a sample. Exhibits and schedules included, since that is where the shortest windows tend to sit.
  • Every assertion is cited. Each obligation carries the clause and the page it came from, so it can be checked against the document by anyone, including opposing counsel. Where the document's own numbering runs out, the provision is quoted and located by page rather than given a number it does not carry.
  • Gaps are named, not filled. Where a window, a form requirement or a consequence cannot be determined, the output says so and says what would settle it.
  • State law is cited, not characterized. Where what happens after a missed deadline turns on state law, the statute or decision is cited so the conclusion belongs to you and your counsel rather than to me.
Both sides A subcontract imposes duties on the contractor too, and those are read as carefully. A deadline the contractor missed is recorded as leverage for you, not as a risk to you.

03

Scope

The work is deliberately narrow. A subcontract on commercial or public work, read for the obligations that decide whether money already earned can still be collected.

WhoSpecialty trade subcontractors. Mechanical, electrical, plumbing, concrete, sheet metal, glazing, drywall, roofing and the rest.
SizeRoughly three to twenty million dollars in annual revenue. Large enough to carry real exposure, too small for a contracts department.
WorkCommercial, institutional and public projects. Not residential.
JurisdictionsFlorida. Where a consequence turns on another state's law, the output says so rather than guessing.
DocumentsExecuted subcontracts, on standard forms or negotiated. Documents they incorporate without supplying are identified by name so they can be requested.
TurnaroundAgreed when the document arrives.
FeesQuoted per document, in advance. The first review is at no charge.
On jurisdiction State law decides whether a missed notice forfeits a claim or merely delays it, and it differs materially by state. Authority is read at the statute and the decision rather than from a summary.

04

Work product

An obligation list, in plain English, ordered so that the provisions capable of ending a claim appear first. Each line traceable into the subcontract itself.

Where a finding cannot yet be asserted, it is shown as withheld rather than omitted, with the reason and what would release it. A reader has to be able to tell an empty list from a list something is being kept out of.

Obligation list · extract
ClauseWhat starts itWindowIf missed
Ex C · 5(b)Extra work directed3 working days waives claim
6Delay begins7 working days waives claim
Article 20Knowledge of claim10 days + unstated waives claim
13.1Work called defective2 to 9 days their duty
7.3Intent to self-performnotice first their duty

Five further findings against the contractor are withheld, not omitted. Service of the notices cannot yet be proved; one email with no reliable timestamp holds all five, and the original message releases them.

On clause 13.1 The contractor's duty falls on one of two dates, because the contract counts in working days and never defines a working day. The later date holds under either reading, so that is the one the file asserts. Clause rows are from a subcontract filed as a public court exhibit, names removed. The correspondence behind the withheld block is a constructed example. A subcontract proves obligations, not what was sent when.

05

Limits

  • Not a law firm and not legal advice. Capstan reports what a document says and cites where the law bears on it. Whether a provision is enforceable against you is a question for an attorney.
  • Not a lien or bond deadline service. Those deadlines are statutory and this practice does not read for them.
  • Not sold to general contractors. The work is done for the subcontractor only. Most tools in this area sell to both sides of the same dispute.
  • Not a substitute for reading your own contract. It is a reason to, starting with the clauses that turn out to matter.
Cited in the work product OBS Co. v. Pace, 558 So. 2d 404 Dooley & Mack, 972 So. 2d 893 Mgmt. Computer Controls, 743 So. 2d 627 Triple R Paving, 774 So. 2d 50

06

About

Capstan is the practice of Philip Trachier, in Miami. Around five years in mergers and acquisitions, most of it on transactions with founder-owned businesses, where the work is reading agreements closely and establishing what a document actually obliges someone to do.

The practice began in the public record. Construction dockets are full of claims that failed on a notice provision read for the first time after the money was gone. Reading one subcontract properly takes hours of professional time, so on most jobs it is not read, and the deadlines are discovered afterwards.

I do the work. There is no account team.

Direct philip@capstanclaims.com Replies come from me, usually the same day.

Send a subcontract and find out what it obliges you to do.

One PDF by email. It is held in confidence, shown to no one, and deleted on request; the work product goes to you alone. The first review is at no charge, because you have no reason to take my word for any of this until you have seen a document of your own read properly.

philip@capstanclaims.com
Capstan Philip Trachier
Miami, Florida
philip@capstanclaims.com