Common use of Contractor May Stop Work or Terminate Clause in Contracts

Contractor May Stop Work or Terminate. If, through no act or fault of CONTRACTOR, the Work is suspended for more than 150 consecutive days by OWNER or under an order of court or other public authority, or ARCHITECT fails to act on any Application for Payment within 30 days after it is submitted, or OWNER fails to pay CONTRACTOR any sum finally determined to be due 90 days after receipt by OWNER’S finance department, then CONTRACTOR may, upon fifteen days written notice to OWNER, Owner’s Representative and ARCHITECT, and provided OWNER, Owner’s Representative or ARCHITECT do not remedy such suspension or failure within that time, terminate the Contract and recover from OWNER payment on the same terms as provided in paragraph 15.03. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Owner’s Representative or ARCHITECT has failed to act on an Application for Payment within 30 days after it is submitted, or OWNER has failed for 90 days after receipt of such Application for Payment by OWNER’S finance department to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may, fifteen days after written notice to OWNER, Owner’s Representative and ARCHITECT, stop the Work until payment is made of all such amounts due CONTRACTOR.

Contractor May Stop Work or Terminate. If, If through no act or fault of CONTRACTOR, the Work is suspended for a period of more than 150 consecutive 90 days by the OWNER or under an order of court or other public authority, or ARCHITECT (except during disputes) the Contract Administrator fails to act on forward for processing any mutually acceptable Application for Payment within 30 days after it is submitted, or (except during disputes) the OWNER fails for 60 days after it is submitted to pay CONTRACTOR any sum finally determined by the OWNER to be due 90 days after receipt by OWNER’S finance departmentdue, then CONTRACTOR may, upon fifteen days seven days' written notice to the OWNER, Owner’s Representative and ARCHITECT, and provided OWNER, Owner’s Representative or ARCHITECT do the OWNER does not remedy such suspension or failure within that time, terminate the Contract Agreement and recover from the OWNER payment on the same terms as provided in paragraph 15.03Section 16.2, above. In lieu of terminating the Contract Agreement and without prejudice to any other right or remedy, if Owner’s Representative or ARCHITECT (except during disputes) the Contract Administrator has failed to act on an forward for processing any mutually acceptable Application for Payment within 30 days after it is submitted, or (except during disputes) the OWNER has failed for 90 60 days after receipt of such Application for Payment by OWNER’S finance department it is submitted to pay CONTRACTOR any sum finally determined by the OWNER to be due, CONTRACTOR may, fifteen days after may upon seven days' written notice to OWNER, Owner’s Representative and ARCHITECT, the OWNER stop the Work until payment is made of all such amounts due CONTRACTOR, including interest thereon. The provisions of this Section 16.4 are not intended to preclude CONTRACTOR from making a Claim for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this Section.