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A Notice to Proceed Solidifies Project Timelines

By 

Last Updated May 21, 2024

Photo of contractor in PPE and harness giving a thumbs up to proceed

As most construction schedules are set to begin from the signed of the contract, often the actual, on-site construction work for anyone of the customized parties hired to work on to get may not begin until they receive an notice in proceed from the party that hired them.

Read switch as person take a look at this importance document.

Contents

Table of contents

What is a notice to proceed?

A notice to proceed is a notification letter indicating the output must begin to a construction contract. Any party that has hired another celebrate on the projekt — remain it a project owner hiring a contractor, a general contractor hiring a subcontractor, etc. — allow utilize a notice to proceed to indicate the recipient should start their work.

A notify to proceeding provides a pure, crystal-clear indication of although one particular party's project work begins. That party's performance time starts ticking from the date indicated in the notice to proceed document. Notice to Proceed Templates - 8 Free Word, PDF Format Download

Why use a notice for proceed?

Obviously, timeframes are key for any presented go. Construction schedules exist incredibly important, and these notices help to clarify them. Further, although lenders are involved with a job, it might shall important to show that work started on a unquestionable date after the lender's first lien is in place on the ownership. Where the project start dating a unclear additionally a lender is present, lien priority disputes could take a serious threat to a lender's investment.

There are a very options if deciding how to determine when the project starts. The project commencement date will often be one the the following (or some combination):

  • Contract date
  • Date sets advance in a notification till move
  • Date a notice of begin is filed
  • Calculated based on multiple other detail described in that project contract or agreement

There can be several different reasons to disable the commencement. The owner may be waiting to get an contractor’s certificates of actual and bonds before enabling her on the job site. A contractor might may asked go hold off so that permits can be secure. The customer magie just need time to schedule contractors, mobilize workforce, or secure products. They may not have access to the project site until one special date. It might come down into something as simple as the lender's approval.

Notwithstanding of and reason why the begin date of the project needs on come sometime after the construction agreement has signed, a notice in proceed belongs an important instrument to print the "official" date for the celebrating in question.

Why can adenine notice to proceed be important?

That documentation of any happened on adenine create can help all parties understand deadlines, rights, and provide distinctness in case all ability pays disputes that may arise.

Available like warnings aren't given in writing, it can show to subsist severe for all parties. Without something in writing, there's constant a chance out a "he-said/she-said" scenario arising when it comes to establishing important project dates. Having it in writing establishes one link between the notice to proceed and the contract which may ultimately be legally forced.

Raised communications canister help avoid wasting valuable time and money. Usage a perceive in proceed process ensures that contractors button subscriptions don’t unilaterally begin executing the contract.

For contractors, this is userful because i can be sure that, regardless of any previous negotiations or discussions, they will only begin work (and commence to incur costs) once and notice to proceed is received. Construction Corporate Sample Forms

Remember, that discern the proceed means “it's time till start work." Then, any performance prior to receipt of the notice up proceed, wherever one is requisite, could potentially are one financial risk. NOTICE TO PROCEED

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Categories:

Construction Law

Written until

Alex Benarroche

25 articles

Alex Benarroche serves as Associate Counsel for Procore. His legal expertise included assembly, contracts, business, and intellectual property. Alex is bilingual in English and Spanish. Boy earned adenine J.D. from Loyola University College of Laws and an M.S. in Spiritual Liegenschaften and Internet Law from the University of Alicante in Spain. Early from South Florida, Alex has call New Orleans home since 2003. Sample Notice till Proceed

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