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The Practice Management Knowledge Community (PMKC) identifies and develops information on the business of architecture for use by the profession to maintain and improve the quality of the professional and business environment.  The PMKC initiates programs, provides content and serves as a resource to other knowledge communities, and acts as experts on AIA Institute programs and policies that pertain to a wide variety of business practices and trends.

    

  • 1.  notice to proceed

    Posted 03-27-2022 02:40 PM
    In a construction project, who should issue the notice to proceed to the general contractor, the Owner or the Architect?

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    Gary Kucko AIA
    GK Architectural Consulting
    Eau Claire WI
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  • 2.  RE: notice to proceed

    Posted 03-28-2022 05:26 PM

    The owner only has the authority to start and stop construction.

     

    Daniel Guich, AIA, LEED ap, CDT

     STUDIO CONVERGE

    415.683.9600 Voice

    415.632.3408 Fax

    www.studioconverge.com

     




    Original Message


  • 3.  RE: notice to proceed

    Posted 03-28-2022 05:51 PM
    Risk management dictates that the Owner issues the Notice to Proceed. This is because the Architect is not a party to the Owner-Contractor Contract, which is typically affected by the notice.

    However, the Architect can issue the notice on behalf of the Owner. First, obtain the owner's consent, and be sure to state, "At the request and consent of the owner, XYZ Architects hereby issues this Notice to Proceed, effective xx date." (Here you may want to state any Owner-Contractor Contract conditions that are affected by the notice, such as a contracted substantial completion or final completion date, if applicable) Be sure both the owner and the contractor are OK with the notice date before issuing. Document the owner's consent and authorization.

    As a note, the 15th Edition, Architect's Handbook of Professional Practice Glossary defines Notice to proceed: Written owner's directive issued to the contractor, authorizing the contractor to proceed with the work and establishing the date for commencement of the work.

    Happy construction phase,

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    James Atkins FAIA
    Atkins Consulting
    Dallas TX
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    Original Message


  • 4.  RE: notice to proceed

    Posted 03-29-2022 10:31 AM
    OK, admittedly it has been a few years since I have prepared an AIA owner/contractor agreement as I am semi retired but is there not language in the contract that states "execution of the contract constitutes authorization to proceed"?

    Larry Schwering, AIA(EM)





    Original Message


  • 5.  RE: notice to proceed

    Posted 03-29-2022 11:57 AM
    If the A/E contract is silent to this action - the Owner should issue it. It is a 'notice.'  The A/E Agreement usually has the architect's notices to the client/owner and not the contractor.
    --

    Michael L. Katzin, AIA

    p | 470.469.5586 

    e | m.katzin@mkprojectservices.com

    Member | City of Johns Creek Planning Commission




    Original Message


  • 6.  RE: notice to proceed

    Posted 03-30-2022 06:21 PM
    I am old fashioned and kind of retired but used to be head of Contruction Adminstration for a large AE firm which some years in the late 80s had over a billion dollars in contruction under way at the same time.
    Some of this depends on how active you are going to be during construction and how knowledgeable your client is.  Unless I was working for a client that has staff that understands the process, my preference was to decide with the client when to issue the Notice to Proceed and have them tell me to do it.  This puts the architect clearly in the loop so you can assist your client.  
    I also have them notify the contractor that all correspondence is to be copied to architect.  It is simplier and less work to stay in the loop then to try to fix things after they have gone south.
    Yes I just issued a contract for construction and the AIA form gives the choice of how to handle the Notice to Proceed. One is that signing the contract is the Notice.  You can also issue a separate Notice to Proceed.  Advantage of the separate notice is that you can sign the contract letting the Constructor sign subcontracts, purchase materials and assign staff ahead of starting the work on-site.  The actual crew that is going to build the project then has time to review the documents with the people who prepared the bid.  They can plan their work and ask the design professional questions before they are also managing the construction work.  This supposes that the design team did not bid the project at the last minute and the project is already behind schedule.

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    Robert Carlson
    Iowa City IA
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    Original Message