How to Fire a Subcontractor: 9 Steps (Without a Lawsuit)
TL;DR: Firing a subcontractor is a last resort, but sometimes it is the only option. Before you terminate, document everything, verify your contract allows it, get owner approval if required, and give proper written notice with a cure period. Run the replacement cost numbers before you pull the trigger. Handle the conversation professionally, face to face when possible. After termination, secure the jobsite, get competitive bids for the remaining work, and track every dollar. Skip any of these steps and you risk liens, lawsuits, and paying double for the same work. This guide covers all nine steps plus warning signs, legal considerations by state, and how to avoid bad sub hires in the first place.
Firing a subcontractor is one of the hardest decisions a general contractor makes. Nobody gets into this business hoping to have that conversation. But if you have been doing this long enough, you know the feeling: the sub keeps missing deadlines, the work quality is slipping, inspections are failing, and your client is calling you every other day asking what is going on.
Training and mentoring are investments we make when bringing on a subcontractor. But sometimes, despite your best efforts, the relationship breaks down. When it does, you need a clear plan. A botched termination can cost you double the remaining contract value in legal fees and replacement costs. On the other hand, keeping a failing subcontractor on the job can bleed your project budget dry through rework, delays, and damaged client relationships. And sometimes, it is not the sub but the client you need to let go.
This guide walks you through nine steps to terminate a subcontractor the right way, plus the warning signs that tell you it is time, a documentation checklist, how to handle the conversation, finding a replacement mid-project, and legal considerations that vary by state. Whether you run a five-person crew or a 50-person operation, these steps apply.
Before we get into it: termination should always be a last resort. If there is any reasonable path to getting the subcontractor back on track, take it first. But when all other options have been exhausted, here is the roadmap.
- Spot the Warning Signs Early
- Build Your Documentation Before You Act
- Verify Owner Approval
- Confirm Grounds for Termination
- Review Practical Considerations and Run the Numbers
- Follow Procedure for Proper Termination
- Handle the Conversation Professionally
- Mitigate Damages and Find a Replacement
- Protect Yourself from Improper Termination Claims
After the nine steps, we also cover finding a replacement mid-project, legal considerations by state, and preventing bad sub hires in the first place.
1. Spot the Warning Signs Early
The best time to deal with a problem subcontractor is before termination becomes your only option. Most subcontractor failures do not happen overnight. They build up over weeks and months. If you are paying attention, you can see them coming.
Here are the warning signs that a subcontractor is headed for trouble:
Schedule slippage that keeps getting worse. Missing one deadline is not unusual in construction. Missing three in a row is a pattern. If the sub keeps promising they will catch up and never does, you have a problem. Use scheduling tools to compare planned versus actual progress so you can spot the trend early, before it tanks your project timeline.
Failed inspections on repeat. One failed inspection can happen to anyone. Two in a row means something is wrong with the sub’s process. Three means you need to have a serious conversation. Keep copies of every inspection report and track the pattern.
No-shows and ghost crews. The sub tells you they will have six guys on site Monday morning. Three show up. Then next week, one shows up. The week after that, nobody. This is a sub who has overcommitted and is robbing Peter to pay Paul across multiple jobs.
Safety violations. This one is not negotiable. If a sub’s crew is cutting corners on safety, people get hurt. OSHA fines land on your desk, not theirs. A sub who ignores safety rules after being warned is a sub who needs to go. Period.
Refusing to fix defective work. You walk the job, find problems, and notify the sub. They argue about it, make excuses, or just ignore you. When a sub will not stand behind their work, the working relationship is already broken.
Communication goes dark. The sub used to return calls same day. Now it takes three days to get a text back. Emails go unanswered. They skip progress meetings. When a subcontractor starts avoiding you, they usually know something you do not.
Your gut is screaming. After years in this business, your instincts are worth something. If you are spending more time managing one sub than you are managing the rest of your project, that is a signal. Trust it.
What to Do When You See the Signs
Do not go straight to termination. Start with a direct conversation. Lay out the specific issues, ask the sub what is going on, and agree on a corrective plan with clear deadlines. Put that plan in writing using your project management tools. If they get back on track, great. If they miss the corrective deadlines too, you now have documented evidence that you gave them every chance to fix it before moving to termination.
2. Build Your Documentation Before You Act
If step one is recognizing the warning signs, step two is building the paper trail. The single biggest mistake contractors make when firing a sub is not having enough documentation. When a terminated sub threatens to sue (and they often do), your documentation is your defense.
Start keeping records the moment performance issues surface. Here is the documentation checklist you need before initiating termination:
The Termination Documentation Checklist
Contract documents:
- Original subcontract agreement with all amendments
- Scope of work and specifications
- Approved change orders and their current status
- Payment history showing all amounts paid and retainage held
- Insurance certificates and bond information
Performance records:
- Written warnings sent to the sub (emails, letters, texts) with dates
- Photos and videos of defective or incomplete work, date-stamped
- Inspection reports, especially failed inspections, with inspector names
- Daily logs showing crew counts, work completed, and weather delays
- Schedule comparisons showing planned versus actual progress
Communication records:
- Emails and letters about performance concerns
- Meeting notes from progress meetings where issues were discussed
- Notes from phone calls (write these up immediately after the call with date, time, and summary)
- Cure notices and the sub’s responses (or lack of response)
Financial records:
- Pay applications submitted and approved amounts
- Back-charge notices for corrective work
- Costs incurred to supplement the sub’s workforce
- Budget tracking showing cost overruns tied to the sub’s performance
Projul’s document management features let you attach all of these records directly to the project, organized by date and category. When you need to pull the file for a legal review or a conversation with the owner, everything is in one place instead of scattered across email threads, filing cabinets, and someone’s phone.
How Far Back Should Your Documentation Go?
The further back, the better. If you started having problems with a sub six months ago, your documentation should go back six months. Courts and arbitrators look at the pattern of behavior, not just the final straw. A single incident rarely justifies termination. A documented pattern of repeated failures, warnings, and broken promises is much harder to argue against.
3. Verify Owner Approval
You must confirm the general contractor has the legal right to terminate a subcontractor before taking action. Start by reviewing your contracts to determine if the owner and/or architect has the right to object to subcontractor replacements.
For example, paragraph 5.2.4 of AIA Document A201-1997 (General Conditions of the Contract for Construction) provides that “the Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such substitute.” That means the general contractor may have to obtain the owner’s and/or architect’s consent to change subcontractors. This consent must be obtained in writing.
This step gets overlooked more often than you would expect. A general contractor gets frustrated with a subcontractor, makes a quick decision to cut ties, and then discovers they needed the owner’s sign-off first. Now the project is in limbo while everyone scrambles to sort out the mess. Do not let that happen to you.
Here is what to look for in your contract documents:
- Owner consent clauses. Many prime contracts require the owner to approve any subcontractor changes. If yours does, send a formal written request to the owner outlining why the change is necessary.
- Architect approval provisions. Some contracts give the architect a say in subcontractor replacements, especially on commercial or institutional projects.
- Notice requirements. Check whether the contract specifies a time frame for requesting approval. Missing a notice deadline can complicate the entire process.
Keep copies of all correspondence related to this approval. Store them in your project files so your team can access them. If the termination is later challenged, you want a paper trail showing you followed the correct process from the start.
4. Confirm Grounds for Termination
Confirmed grounds for termination protect you legally and financially. Subcontractors should only be terminated for major, recurring performance problems, and only after all avenues for getting the subcontractor to perform have been exhausted.
The key in making this determination is the subcontractor agreement. Common grounds for termination include: failure to adequately staff the work, supplying inadequate or nonconforming materials, failing to meet the schedule, and failing to comply with code and safety requirements.
Regardless of the particular terms of the subcontract, the law permits a party to terminate a contract only when the other party has committed a serious, or “material,” breach of the contract. A minor or technical breach of the contract will not justify termination. Termination is not appropriate where the subcontractor has substantially completed its contractual obligations.
What Counts as a Material Breach
A subcontractor’s delay of a few days in meeting certain schedule milestones generally would not constitute a “material” breach justifying termination. The general contractor may have a claim for damages caused by the brief delay, for example if the owner assessed liquidated damages, but it probably would not be justified in terminating the subcontractor from the project.
A more difficult question, one with no easy answer, is whether a subcontractor’s failure to complete punch list items constitutes a material breach. Especially where substantial completion has been achieved or a certificate of occupancy has been issued. Generally, failure to complete punch list work is not a material breach justifying termination. However, a subcontractor’s persistent failure to perform punch list work may constitute a repudiation of the contract, supporting a termination for default.
Common Material Breach Scenarios
Here are situations that typically do justify termination:
- Chronic understaffing. The sub consistently shows up with half the crew needed to maintain the schedule, despite repeated written requests to increase manpower.
- Abandonment. The sub stops showing up to the job for multiple consecutive days without notice or explanation.
- Repeated code violations. Work that fails inspections multiple times for the same issues, showing the sub either does not know the code or does not care.
- Safety refusal. The sub continues unsafe practices after receiving written warnings. One OSHA violation puts your entire project at risk.
- Financial distress. The sub cannot pay their suppliers or lower-tier subs, which starts generating lien notices on your project. Tracking commitments through purchase orders helps you spot these warning signs early.
Building Your Case
The strongest termination cases are built over weeks or months of documentation. You should already have this from step two, but here is a quick review of what to pull together:
- Written warnings with dates and the sub’s responses
- Photos and videos of defective work
- Failed inspection reports
- Schedule comparisons showing planned versus actual
- Meeting notes documenting discussions about performance
Don’t just take our word for it. See what contractors say about Projul.
5. Review Practical Considerations and Run the Numbers
Legal grounds alone do not make termination the right move. You need to weigh the practical and financial impact before pulling the trigger. Use your budgeting tools to run the actual numbers.
One of the primary considerations is whether a replacement subcontractor can be obtained to complete the work at a reasonable price. Will the replacement perform any better? Will the project be delayed? Will the warranty be impaired? Will the terminated subcontractor file a mechanics’ lien and damage your relationship with the owner?
Running the Numbers
Sit down and work through this checklist before making your decision:
- Remaining contract value. How much work is left on the subcontract? If the sub is 90% complete, it may cost more to bring someone new up to speed than to push through the remaining 10%.
- Replacement cost estimates. Get informal quotes from at least two other subcontractors. In a tight labor market, the premium for a mid-project replacement can be 20% to 40% above the original contract rate.
- Schedule impact. How many days or weeks will the transition add to the project? Will those delays trigger liquidated damages from the owner? Will they push other trades out of sequence? Use your scheduling features to model the impact.
- Warranty considerations. If the original sub did 80% of the work and a new sub finishes the rest, who handles warranty issues? Get this sorted out before you make the switch.
- Lien exposure. A terminated subcontractor who has not been paid for completed work can file a mechanics’ lien. Factor this into your financial planning.
Exhausting Other Options First
Because of the potential consequences, a subcontractor should be terminated only as a last resort. General contractors should first ask the subcontractor for a “cure and complete” plan. Discuss other possible ways to fix the default.
Consider remedies short of termination:
- Supplementing the subcontractor’s workforce at their cost
- Issuing a formal backcharge to recover the cost of correcting deficient work
- Deleting portions of the subcontractor’s work and reassigning to another trade
- Asking the surety to finance the subcontractor’s completion
- Splitting the remaining scope between the current sub and a supplemental sub
Sometimes a direct, honest conversation about the problems and their impact on the project is enough to change behavior. Other times, a formal cure notice with a specific deadline is what it takes.
If you have tried all of these approaches and the subcontractor still fails to perform, then termination becomes the appropriate next step.
6. Follow Procedure for Proper Termination
Proper written notice and procedural compliance are required before terminating a subcontractor. This is where most contractors either get it right or get burned.
Carefully follow the notice and procedural requirements in the subcontract agreement. For example, paragraph 7.1.1 of AIA Document A401 (Subcontract Agreement) requires two seven-day written notices before the subcontractor can be terminated. That means at minimum 14 days of notice before you can actually remove the sub from the project. If you skip one of those notice periods, the entire termination could be ruled improper.
Also attempt to obtain letters from the owner or architect directing the general contractor to remove the subcontractor. The letter should describe the problems the subcontractor is causing, or it should consent to the termination and name the replacement subcontractor.
Writing an Effective Termination Notice
Your termination notice should include:
- Specific contract reference. Cite the exact subcontract clause that authorizes termination and the clause the subcontractor has breached.
- Detailed description of defaults. List every instance of nonperformance, with dates, locations, and references to supporting documentation.
- History of cure attempts. Show that you gave the subcontractor opportunities to fix the problems and they failed to do so.
- Effective date. State clearly when the termination takes effect, in compliance with the contract’s notice periods.
- Instructions for the site. Tell the subcontractor when to remove their equipment and materials, and when to surrender access to the work area.
- Financial accounting. Note the current state of payments, retainage, and any back-charges that will be applied.
Send the notice via certified mail and email. Keep proof of delivery. Some contractors also hand-deliver a copy to the subcontractor’s superintendent on site and get a signature confirming receipt.
Termination for Convenience vs. Termination for Cause
Most subcontracts include two types of termination clauses. Termination for cause requires documented breach and proper notice. Termination for convenience lets you end the contract without proving fault, but you typically owe the sub for all completed work plus reasonable overhead and profit on the uncompleted portion.
Know which one applies to your situation. If your grounds for cause are thin, a termination for convenience might actually be the cleaner path, even though it costs more up front. It eliminates the risk of an improper termination claim.
7. Handle the Conversation Professionally
Here is where the human side matters. You can follow every legal step perfectly and still make things worse by handling the actual conversation badly. How you deliver the news affects whether the sub walks away quietly or comes back swinging with lawyers.
Before the Conversation
- Have your documentation ready. Bring copies of the written warnings, cure notices, and termination letter. If the sub argues, you can point to the record.
- Decide who should be in the room. At minimum, you and one other person from your team. A witness matters if the conversation is later disputed.
- Pick the right setting. Do this in person when possible, in a private space like a job trailer or office. Not in front of the sub’s crew, not in front of the owner, not on the phone if you can avoid it.
During the Conversation
Be direct but not hostile. Open with something like: “We have been working through the performance issues on this project for the last several weeks. We have provided written notice and a cure period, and the issues have not been resolved. We are terminating the subcontract effective [date] per section [X] of the agreement.”
Stick to facts. Do not make it personal. Do not bring up rumors or hearsay. Reference your documented issues: the failed inspections, the missed deadlines, the cure notice they did not respond to.
Let them respond. The sub may be angry, defensive, or even relieved. Let them talk. Listen. But do not get pulled into a debate about whether the termination is justified. That decision has been made. The purpose of this meeting is to communicate it clearly and discuss next steps.
Cover the logistics. When do they need to remove equipment? What is the status of materials on site? When is the last day their crew should be on the property? Who do they contact about final payment for completed work?
Do not make threats. Do not say things like “I will make sure you never work in this town again” or “We are going to sue you for everything.” Those statements can come back to haunt you if this goes to litigation.
After the Conversation
Send a follow-up email summarizing what was discussed and the agreed-upon transition plan. This creates one more piece of documentation. Use your CRM to update the subcontractor’s status and make notes about why the relationship ended. Future you will appreciate having that history when the same sub tries to bid on your next project.
8. Mitigate Damages and Find a Replacement
The day the sub is off the job, the clock starts ticking. Your project is losing time and money every day that work sits idle. Immediate damage mitigation is critical.
Secure the Work Area
First, physically secure the work. If the terminated sub was doing roofing work, make sure the building is weather-tight. If they were doing electrical rough-in, confirm that all exposed wiring is safe and capped. Neglecting this step can lead to weather damage, safety hazards, or theft of materials.
Finding a Replacement Mid-Project
Getting a new sub on a project mid-stream is harder and more expensive than starting fresh. Here is a realistic timeline:
- Week 1: Solicit bids from qualified subcontractors. Walk the site with each candidate so they can see exactly what has been completed and what remains. Be transparent about why the previous sub was terminated. Having a solid project buyout process in place makes this step faster since you already have relationships with vetted subs.
- Week 2: Evaluate bids, check references, verify licenses and insurance. Negotiate the contract.
- Week 3 to 4: Mobilization. The new sub needs to procure materials, schedule their crew, and coordinate with your other trades.
That is a minimum of two to four weeks of transition time. On complex projects or in a tight labor market, it can stretch to six weeks or more.
Cost impact: Expect to pay a premium. A mid-project replacement sub knows they have leverage. They are walking into someone else’s mess, they need to get up to speed on the project, and they are taking on warranty risk for work they did not do. A 20% to 40% premium over the original contract rate is common.
How to minimize the damage:
- Get at least three bids when possible. Competition keeps pricing honest even in a tight market.
- Where possible, procure the work on a fixed-price rather than time-and-material basis. This avoids the argument that the replacement contractor was given a blank check.
- Write a clear scope of work that separates completed work from remaining work and identifies defective work that needs correction.
- Use estimates and change orders to document the replacement scope formally.
Tracking Every Dollar
Require the replacement subcontractor to provide detailed pay applications broken down by line item with backup documentation. If the work can only be procured on time and material, it is especially important that the replacement sub maintain payroll records, equipment and material invoices, and daily construction reports.
Keep a separate cost code for all replacement costs. Use time tracking to log labor hours tied to the transition. You will need this accounting breakdown if you pursue a claim against the terminated subcontractor or their surety. The cleaner your records, the stronger your position.
9. Protect Yourself from Improper Termination Claims
Improper termination can cost you double the remaining contract value. Understanding the consequences helps you avoid them.
If you improperly terminate a subcontractor, they may have a claim against you for lost profits plus additional damages. This includes amounts the sub owes to their lower-tier subcontractors and suppliers. You would also lose the right to recover from the terminated sub amounts paid to a replacement subcontractor to complete the work. In other words, you could end up paying at least twice for the remaining work.
If you give proper notice and can prove adequate grounds, your exposure is limited to the total subcontract amount, not including the expense of finishing the work and other damages you incurred.
Real-World Financial Impact
Say you have a $200,000 subcontract with $80,000 of work remaining. If you improperly terminate, here is what you could face:
- Lost profits claim from the terminated sub: $15,000 to $25,000 depending on their markup.
- Replacement costs: $100,000 to $120,000 to complete the same $80,000 worth of remaining work, because of mobilization, learning curve, and correcting defects.
- Legal fees: $20,000 to $50,000 or more if the terminated sub litigates.
- Mechanics’ lien: The terminated sub could file a lien for unpaid work, creating problems with the owner and potentially holding up your final payment.
Now compare that to a proper termination: you follow the contract, document everything, give proper notice, and the sub cannot dispute your grounds. Your exposure is limited, and you are in a strong position to recover excess completion costs.
When There Is No Written Contract
If you do not have a written subcontract (it happens more often than anyone likes to admit), you are in a tougher spot. There is no agreed-upon termination process, cure period, or back-charge procedure to follow. You can still terminate the relationship, but document your reasons thoroughly and consult with a construction attorney first. The sub may claim they are owed more than you think, and without a written agreement, it becomes your word against theirs. Going forward, always use written subcontracts. Always.
How to Bulletproof Your Position
- Follow every step in the contract’s termination clause. Do not skip the cure period, even if you think it is a waste of time.
- Keep every piece of documentation organized and accessible. Projul’s document storage makes this simple.
- Pay the terminated sub for all completed and accepted work. Withholding payment for legitimate work gives them grounds for a lien and a counterclaim.
- Have your termination notice reviewed by a construction attorney before you send it, especially on contracts over $100,000.
Legal Considerations by State
Construction law varies significantly by state, and what is standard practice in one state can get you into trouble in another. Here are key areas where state law affects subcontractor termination:
Mechanics’ Lien Deadlines
Every state has different rules for mechanics’ liens, including filing deadlines, notice requirements, and enforcement procedures. Some examples:
- Texas: Subcontractors must send a preliminary notice by the 15th day of the second month after labor or materials were provided. Lien must be filed by the 15th day of the fourth month after substantial completion.
- California: Preliminary 20-day notice required. Lien must be filed within 90 days of completion.
- Florida: Sub must serve a Notice to Owner within 45 days of first furnishing labor or materials. Lien must be recorded within 90 days of final furnishing.
- New York: Lien must be filed within eight months of last work performed on private projects.
Why this matters: a terminated sub who has not been paid has strong motivation to file a lien. Know your state’s deadlines so you can manage the risk.
Prompt Payment Laws
Many states have prompt payment statutes that require general contractors to pay subcontractors within a certain number of days after receiving payment from the owner. Even during a termination dispute, you may be legally required to pay for completed work within these timelines. Failure to comply can result in interest penalties and, in some states, the sub recovering their attorney fees.
Right-to-Cure Requirements
Some states have statutory right-to-cure provisions that apply regardless of what the contract says. In these states, you must give the subcontractor formal notice of the deficiency and a reasonable time to fix it before you can terminate. Check whether your state has additional cure requirements beyond what is in the contract.
At-Will vs. Contract-Based Termination
In states that enforce construction contracts strictly (most do), you cannot terminate a sub without following the contract’s procedures. “At-will” termination, where you just tell someone they are done, works for employees in many states but does not apply to subcontract agreements. The subcontract governs the relationship, period.
Talk to a Local Attorney
This is not legal advice, and construction law changes frequently. Before terminating a subcontractor on a project of any significant size, spend an hour with a construction attorney in your state. The cost of that consultation is a fraction of what an improper termination could cost you.
Preventing Bad Sub Hires in the First Place
The best way to handle subcontractor terminations is to minimize the need for them. Most bad sub experiences can be traced back to a rushed or incomplete vetting process. Here is how to build a vetting system that filters out problems before they start.
The Vetting Checklist
Verify the basics:
- Active state contractor’s license (check your state licensing board’s website)
- General liability and workers’ compensation insurance with current certificates
- Business registration and good standing
- No outstanding liens, judgments, or disciplinary actions
Check their track record:
- Call at least three references from projects similar to yours in scope and size
- Ask references specifically about schedule performance, quality, communication, and how the sub handled problems
- Search court records for construction-related lawsuits
- Check with your local builder’s exchange or trade associations
Evaluate their capacity:
- How many other projects are they running right now?
- Do they have the crew size to handle your project’s peak labor needs?
- What is their financial health? A sub in financial trouble will cut corners on your job to keep cash flowing to other obligations.
- How is their equipment? Are they showing up with well-maintained tools and vehicles, or are they held together with duct tape?
Test the relationship before you commit:
- Start a new sub on a smaller project before giving them a major one
- Pay attention to how they communicate during the bidding and contract phase. If they are hard to reach before the job starts, it will not get better once work begins.
- Watch how their crew works on the first few days. You can learn more about a sub in one week of work than in ten reference calls.
Use Technology to Track Performance
With Projul’s CRM, you can maintain a subcontractor database that includes performance ratings, notes from past projects, and any issues that came up. When it is time to hire for a new project, you have real data to compare candidates instead of relying on memory or gut feel.
Track sub performance on every project using daily logs and time tracking. Over time, you build a picture of which subs consistently deliver and which ones are a gamble.
Contracts That Protect You
Your subcontract agreement is your first line of defense. Include:
- Clear performance standards and schedule milestones
- Specific grounds for termination with defined notice and cure periods
- Flow-down clauses that match your obligations to the owner
- Retainage provisions that give you leverage if problems arise
- Indemnification and insurance requirements
If you are using standard AIA or ConsensusDocs forms, read them carefully and customize the supplementary conditions to fit your project. A boilerplate contract is better than no contract, but a tailored one protects you much better.
Use estimates and change orders to keep the scope clear from day one. Scope confusion is one of the top reasons contractor relationships go sideways.
Wrapping It Up
Firing a subcontractor is never easy, and it should never be your first move. But when a sub’s performance is dragging your project down and every effort to get them back on track has failed, you need to act decisively and correctly.
Follow these nine steps. Document everything. Get owner approval. Confirm your legal grounds. Run the numbers. Follow the contract’s procedures exactly. Handle the conversation like a professional. Secure the work and find a qualified replacement. And protect yourself from improper termination claims by doing it right from start to finish.
The contractors who handle these situations well are the ones who have a system in place before the crisis hits. Projul helps you build that system with scheduling, budgeting, document management, and project management tools that keep everything organized and accessible.
You can download Projul on any device and start managing your projects and subcontractors more effectively today.
Ready to stop guessing and start managing? Schedule a demo to see how Projul works for your business.
Portions of this content was sourced and/or published in:
- Building Ohio (Associated Contractors of Ohio) and The Constructor (ACI/AGC-Cincinnati) Scott Gurney is Chairman of the Construction Law Group of Frost Brown Todd LLC. He can be contacted at (513) 651-6841 or sgurney@fbtlaw.com.
- Michael C. Stone, Markup & Profit (Follow Him on LinkedIn)
DISCLAIMER: We make no warranty of accuracy, timeliness, and completeness of the information presented on this website. Posts are subject to change without notice and cannot be considered financial advice.