Notice of Non-Compliance with Contract Requirements
The purpose of the Notice of Non-Compliance with Contract Requirements (Form 1165) is to provide written notice to the Contractor to suspend operations due to one or more of the conditions within section 104.01.B of the 2012 Standard Specifications for Construction and orders corrective action to take place by a certain date.
The original order is to be served at the work site to the Superintendent or Foreman who is in charge of the work. The condition to be corrected should be briefly, but clearly, stated on the Form 1165. A reasonable time limit is to be allowed to permit the Contractor to correct the condition. If corrective action has not been completed within the specified time, the work operation is to be shut down without further delay. If corrective action has been taken within the allowed time, the “Notice to Resume Work” section of the Form 1165 is filled in and distributed as indicated on the Form 1165. The purpose of this section on Form 1165 is to authorize resumption of work which was suspended for non-compliance with contract requirements. It is not used when there has been no suspension of work.
Examples 1 and 2 below show a sample of how the form can be completed.