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Construction glossary
Construction Glossary •

What is a Notice of Commencement (NOC)?

What is a Notice of Commencement (NOC)?

A Notice of Commencement (NOI) is a legal document filed by general contractors (GCs) to formally declare the start of a construction project. In addition to establishing an official record of when construction began, it also provides essential information about the project—property details, project scope, contact information for key project stakeholders, etc. In some states, it may be referred to as a Notice of Project Commencement, an Affidavit of Commencement, or a Notice of Contract. 

For subcontractors, NOCs are important because they determine when you need to file paperwork to protect your lien (and thereby, payment) rights. Once the owner or GC files an NOC, it often changes the deadlines for when you must submit preliminary notices and mechanics’ liens. These documents contain vital project information, including:

  • legal property descriptions,
  • owner details,
  • GC information, and
  • surety data.

In most states where NOCs are required, they must be posted at the job site and recorded with the county clerk’s office. Subcontractors should be aware that failing to respond properly to an NOC could result in losing their right ot file a lien if a payment issue arises.

Staying informed about documentation like NOCs is crucial for securing payment on construction projects. For more detailed information on how to protect your lien when working on projects with an NOC, visit this blog post for the complete guide and best practices. Subscribe to Siteline’s newsletter for regular updates on getting paid on time and protecting your bottom line.

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Other construction terms

Bond

What is a Bond?

A bond in the construction industry is a type of surety bond, which serves as a financial guarantee for project completion. It safeguards the interests of stakeholders such as project owners, suppliers, and subcontractors, in the event that the contractor fails to fulfill the contract conditions. Bonds are usually required for public works projects in ensure taxpayers' money is well spent. There are different types of bonds such as bid bonds, performance bonds, payment bonds, and maintenance bonds. For instance, a performance bond guarantees the contract's terms are fulfilled, while a payment bond ensures laborers, suppliers and subcontractors are paid. Bonds are crucial in risk management in construction contracts.

Partial Lien Waiver

What is a Partial Lien Waiver?

A Partial Lien Waiver, in the construction industry, refers to a legal document drafted to provide assurance to a payer that a contractor, subcontractor or materials supplier has received specified payments and waives its right to place a lien on the construction project to the extent of received payments. This document, typically used to maintain a clear title, only relates to the amount that has been paid up to a certain point. Subsequent payments would need additional waivers. It is advised to closely monitor Partial Lien Waivers as they help in avoiding disputes about the amount due, ensuring smoother construction operation.

Subcontractor Default

What is Subcontractor Default?

Subcontractor Default, often seen in the construction industry, refers to the circumstance when a subcontractor fails to fulfill their contractual obligations. This could be due to many reasons - ranging from financial instability and resource unavailability to poor performance or bankruptcy. When a Subcontractor Default occurs, the prime contractor becomes liable, which could lead to significant project delays, increased costs, and potential legal issues. It represents a major risk in the construction industry, which is why many firms secure themselves with Subcontractor Default Insurance (SDI) as a financial risk management tool. Managing relationships with subcontractors carefully, monitoring their performance, and conducting background checks are some ways to avoid Subcontractor Default.

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