17.6 Notices of Non-Compliance and Work Stoppage

Revised on 03-04-2025

PURPOSE

A Notice of Non-Compliance is issued to the Contractor when the work is not performed in accordance with the project plans, specifications, safety regulations, the Contractor's Injury and Illness Prevention Plan, legal requirements, and/or other codes as required. The purpose of the Notice of Non-Compliance is to inform the Contractor that the subject Work has not been acceptably completed and payment may not be made for this Work until corrections, acceptable to the Inspector, have been made. In the event the Contractor fails to perform work in a manner consistent with the plans, specifications, or other provisions of the contract, the Principal Inspector (PI) is authorized to suspend all work on the project until such time as corrections have been made. The purpose of this procedure is to document the roles and responsibilities for this process.

REFERENCES

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RESPONSIBILITIES

  • Lead Inspector (LI): The LI is authorized to issue to the Contractor, notices of non-compliance with plans, specifications, safety regulations and/or legal requirements of the project, and should immediately inform the PI of any Notice of Non-Compliance issued which may affect the progress of the work. The LI may stop work on any portion of the job any time a safety condition exists that would place the workers, City personnel, or the public in imminent danger. The LI may also order a work stoppage whenever significant, unforeseen, or changed conditions arise until such time as the LI can confer with the CM on a course of action. 

  • Principal Inspector (PI): The PI is authorized to stop all work on the project if the Contractor fails to perform in a manner consistent with the plans, specifications, or other provisions of the contract.

  • Contractor: The Contractor, upon receipt of the notice, shall immediately address and/or correct the item(s) listed in the Notice of Non-Compliance. Failure to immediately address and/or take corrective action may result in withholding payment for the work in question and may result in stoppage of further work until such time at the Notice of Non-Compliance is resolved.

  • Construction Manager (CM): The CM, upon receipt of a copy of the Notice of Non-Compliance, shall immediately confer with the LI and the Contractor to jointly try to resolve the non-compliance issue. The CM may request that work be stopped where unforeseen conditions, changed conditions, or a requested change to the original plans or specifications may result in a change to the affected work.

PROCEDURE

The Notice of Non-Compliance is written by the LI using the appropriate form (Attachment 17.6-1) and distributed as follows:

Contractor at the jobsiteOriginal
LI1
CM1
Bureau of Contract Administration’s Main Office1
Contractor’s Home Office1

 

The Notice of Non-Compliance is then added to the list of Active Notices of Non-Compliance (Attachment 17.6-2). All active notices should be discussed at the Weekly Construction Progress Meetings and recorded in the meeting minutes.

Payment should be withheld for work not acceptably completed as noted on the Notice of Non-Compliance and for all work performed subsequent to the work listed in the Notice. Only the LI, PI, or Bureau of Contract Administration’s (BCA) Division Manager may resolve a Notice of Non-Compliance.

The CM may issue a plan clarification regarding the disputed work as a means of resolution or issue a deduct change order specifying a change in the project plans or specifications which will allow the disputed work in the Notice of Non-Compliance to be accepted. If either of these procedures is chosen as a means of resolving the Notice of Non-Compliance, the LI shall write a Job Memorandum stating that the Notice(s) of Non-Compliance has been resolved to the satisfaction of the City. Payment shall continue to be held until the Job Memorandum is issued stating the non-compliance is resolved.

RELATED PROCEDURES

LINKS / ATTACHMENTS 

Links

Attachments