Direction to Proceed Clause Samples
The 'Direction to Proceed' clause authorizes one party, typically the client or project owner, to instruct the contractor or service provider to begin work before a formal agreement or full contract is finalized. In practice, this clause allows work to commence based on preliminary instructions, often covering specific tasks or a defined scope, with the understanding that full contractual terms will follow. Its core function is to prevent project delays by enabling early mobilization and progress while final negotiations or documentation are completed.
Direction to Proceed. 9.1. For Work to be performed by Contractor under this Contract, the Procurement Director/Procurement Agent will issue a Purchase Order. The Purchase Order will define the location of the Work to be performed and will define or, where specific definition cannot be provided, will estimate, the scope of the Work to be performed, the dates within which that Work is to be performed, and the price for that Work (collectively “Purchase Order Work”). A sample Purchase Order form is attached as Attachment E. Contractor shall not commence any Work until a written Purchase Order has been issued by the Procurement Director/Procurement Agent, and if it does so APS will be under no obligation to make payment for any Work performed prior to the issuance of the required Purchase Order. No employee or agent of APS other than the Procurement Director/Procurement Agent or his properly authorized designee has authority to make any purchases or otherwise bind APS contractually. If a Purchase Order is issued by anyone other than the Procurement Director/Procurement Agent, it shall be the responsibility of the Contractor to confirm the authority of that person to bind APS. Provided, however, if the Contractor has received from the Procurement Director/Procurement Agent prior written confirmation of a person’s authority to bind APS, the Contractor may rely upon all Purchase Orders issued by that person within the scope of the stated authority as authorized.
9.2. Notwithstanding the foregoing, if the circumstances are such that there is not sufficient time for issuance of a Purchase Order, APS through the Procurement Director/Procurement Agent or his authorized designee may direct the Contractor to proceed by less formal writing or electronic communication, to be replaced by a Purchase Order by 5:00 P.M. on the next regular APS working Day following issuance of such Owner directive. Further, if emergency conditions exist which necessitate that the Contractor act to avoid or mitigate damage to person or property, the Contractor shall proceed and give written Notice to APS of such emergency Work by 5:00 P.M. on the next regular APS Working Day following commencement of such emergency Work.
Direction to Proceed. When the Cost Estimate or subsequent Cost Estimates exceed the Allocation, and, in the opinion of the School District the estimate is considered high, the School District may direct the Professional to proceed with the design without a change in Scope of Work or in the Allocation. However, should the aggregate of low bids exceed the allocation plus five percent (5%), the Professional’s obligation with regard to redesigning and re-bidding shall not apply. The Professional’s compensation shall remain as negotiated on the current Allocation.
Direction to Proceed. Owner shall have the discretionary right to require CM/GC to commence performance of Changes in the Work based on Change Proposal Requests prepared by Architect prior to the submission by CM/GC to Owner of a cost proposal, or approval of the cost proposal by Owner. In such case, CM/GC shall proceed with the Work so changed upon receipt of a Construction Change Directive from Owner, and thereafter submit to the Core Group as requested any cost proposal required.