2023 CONSTRUCTION NOTICE TO PERFORM USED BETWEEN GENERAL CONTRACTORS AND SUBCONTRACTORS SOMETIMES CALLED SUBCONTRACTOR NOTICE TO PERFORM OR NOTICE TO CURE
Contractors, General Contractors, Construction Companies. . . one of the most useful construction management forms, used to help control your subcontractors, is the Notice to Perform.
OK you are restoring a house damaged by a fire. Your HVAC subcontractor is holding up your schedule by not manning the job. It just so happens that the HVAC sub just got a big commercial contract and has put all his manpower into that job. He keeps promising you that he will be there but never shows up.
Now because you have a strong clause in your subcontract that the HVAC guy signed about keeping up with and not interfering with the progress of the other trades and the consequences if he does, you get hard nosed and send the HVAC guy a NOTICE TO PERFORM. This form tells him that he has so many days (your choice) to man the job and get his work caught up. This form also tells him that per the terms of your contract with him, if he doesn't perform as agreed, you will be damaged by him and he will be in breach of contract. And that he will be responsible for any cost overruns to complete the job by someone else.
Notice To Perform can be used in these two circumstances:
As above, the subcontractor does not man the job and keep up with the work schedule.
The subcontractor has done unacceptable work that must be corrected and this might also be holding up the work schedule.
In both cases, the general contractor might be "damaged" unless the subcontractor performs as demanded in the Notice To Perform.
The Notice to Perform works best when the agreement (like this subcontract agreement) between the general contractor and the subcontractor contains terms providing for the conditions where a Notice To Perform applies!
This NTP (Notice To Perform Form) is available as:
Printed form (2-part white with yellow copy)
($55.00 for 50)
"Instant" fillable PDF form- $30
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