Commencement, Prosecution, and Completion of Work
FAR 52.211-10 establishes strict requirements for starting, diligently prosecuting, and completing construction work within specified timeframes, making timely performance critical for contractors.
Overview
FAR 52.211-10, "Commencement, Prosecution, and Completion of Work," is a mandatory clause for fixed-price construction contracts. It requires contractors to begin work within a specified number of days after receiving the notice to proceed, diligently prosecute the work, and complete all work (including final cleanup) by a set deadline. The Contracting Officer must specify either a number of days or a calendar date for completion. Alternate I provides guidance for contracts where the completion date is tied to the date the notice to proceed is issued, allowing for adjustments if the notice is delayed (unless the delay is the contractor's fault). This clause ensures clear expectations for project timelines and accountability for timely performance in construction contracts.
Key Rules
- Commencement of Work
- Contractors must start work within a specified period after receiving the notice to proceed.
- Diligent Prosecution
- Contractors are required to diligently pursue the work to ensure timely completion.
- Completion Deadline
- All work, including final cleanup, must be finished by the date or within the period specified in the contract.
- Alternate I – Adjustment for Delayed Notice
- If the completion date is based on a specific calendar date, the contract may allow for extensions if the notice to proceed is delayed (unless the contractor is responsible for the delay).
Responsibilities
- Contracting Officers: Must insert the clause, specify commencement and completion dates, and use Alternate I when appropriate.
- Contractors: Must begin work on time, prosecute work diligently, and complete all work (including cleanup) by the specified deadline.
- Agencies: Ensure compliance with contract timelines and monitor contractor performance.
Practical Implications
- This clause sets clear, enforceable timelines for construction projects, reducing ambiguity and disputes.
- Contractors must closely track notice to proceed dates and manage schedules to avoid delays and potential penalties.
- Failure to comply can result in default, liquidated damages, or other contractual remedies.