Contracts

What is a notice to proceed in construction?

A notice to proceed (NTP) is the owner's written instruction telling the contractor it may start work. Its date usually starts the contract time, so it controls the completion date and any liquidated damages.

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Plan reviews connect field conditions, drawings, and the next decisions on a job. AI-generated illustration.

A notice to proceed is a short letter with big consequences. Signing a contract says what will be built and for how much. The NTP says when the clock starts. Most contracts count the time for completion from the NTP date, so that date sets the deadline for substantial completion, the start of any liquidated damages, and the baseline the schedule is measured against.

Owners issue an NTP once the conditions for starting are met: the contract is executed, bonds and insurance are in, permits are pulled or close, and the site is available. On small private jobs the NTP may be an email. On public work it is a formal document, and it often comes weeks after award.

How the federal clause works

Federal construction contracts commonly include FAR 52.211-10, Commencement, Prosecution, and Completion of Work. The contracting officer fills in the numbers. The contractor must start work within a set number of calendar days after it receives the notice to proceed, prosecute the work diligently, and complete the entire job, ready for use, within a period counted from the NTP or by a stated date. The completion time includes final cleanup. State and local agencies use similar language in their general conditions.

A worked example

Say a school district awards a $3.4 million roof and HVAC replacement on May 15. The contract gives 120 calendar days from NTP to substantial completion and $1,500 per day in liquidated damages. The district holds the NTP until bonds, insurance, and the submittal schedule are approved, then issues it on June 10, the day after school lets out.

Example dates driven by the NTP
ItemDate
Contract awardMay 15
Notice to proceed issuedJune 10
Contract time120 calendar days
Required substantial completionOctober 8

If the contractor had ordered rooftop units the day of award, it would be fine. If it waited for the NTP, the units might show up in November, and every day past October 8 costs $1,500 unless the delay is excusable. That is why many contractors push for a limited NTP covering submittals and long lead items before full mobilization.

Common mistakes and disputes

  1. Starting work before the NTP. Work done early may not be paid, and insurance or bonds may not yet be in force.
  2. Not tracking a late NTP. If the owner sits on the NTP for months, prices and crew availability change. Ask for a time extension or price adjustment in writing.
  3. Assuming award equals NTP. They are different dates, and the contract usually says which one starts the clock.
  4. Ignoring limited NTPs. A limited notice for design or procurement does not authorize field work.
  5. Losing the document. The NTP is the first page of any delay claim. Keep it with the contract.

Owners sometimes issue an NTP with conditions, such as "proceed upon receipt of the building permit." Read those carefully. If the condition is outside the contractor's control and drags on, the start date and the completion date may both be in question, and that needs to be settled in writing.

Related terms

The NTP follows contract award and often a letter of intent, and it comes just before mobilization and the pre-construction meeting. The schedule built from it becomes the baseline schedule. Smart Business Automator stores the NTP date on the project record so the schedule, the contract time, and change order time extensions line up. See estimate to project handoff automation.

Frequently asked questions

Is a notice to proceed a contract?

No. It is an instruction issued under a contract that already exists. It tells the contractor when it may start and usually when the contract time begins.

What is a limited notice to proceed?

An NTP that authorizes only part of the work, such as submittals, design, or ordering long lead materials, before the full go-ahead.

When does the contract time start?

Whenever the contract says. On federal jobs using FAR 52.211-10, start and completion periods are counted from the date the contractor receives the notice to proceed.

Can a contractor refuse to start after the NTP?

Not without consequences. Failing to start within the required period can be a default. Raise any problem, such as a missing permit, in writing right away.

Sources

  1. Acquisition.gov: FAR 52.211-10, Commencement, Prosecution, and Completion of Work
Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

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