Common use of FAILURE OF PAYMENT Clause in Contracts

FAILURE OF PAYMENT. If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents, the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days’ notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay and start- up, plus interest as provided for in the Contract Documents.

Appears in 7 contracts

Sources: Guaranteed Maximum Price Amendment, Construction Contract, Construction Contract

FAILURE OF PAYMENT. If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents, the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days’ notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay and start- start-up, plus interest as provided for in the Contract Documents.

Appears in 5 contracts

Sources: Construction Manager/General Contractor Agreement, Standard Form of Agreement Between Owner and Construction Manager as Constructor, Standard Form of Agreement Between Owner and Contractor

FAILURE OF PAYMENT. 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor’s 's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents, Documents the amount certified by the Architect or awarded by binding dispute resolutionarbitration, then the Contractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s 's reasonable costs of shutdownshut-down, delay and start- start-up, plus interest as provided for in the Contract Documents.

Appears in 2 contracts

Sources: Lease Agreement (Immunicon Corp), Construction Contract (Empire Resorts Inc)

FAILURE OF PAYMENT. 7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents, the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days’ notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay and start- start-up, plus interest as provided for in the Contract Documents.

Appears in 2 contracts

Sources: Standard Form of Agreement Between Owner and Construction Manager as Constructor, Standard Form of Agreement Between Owner and Construction Manager as Constructor

FAILURE OF PAYMENT. If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents, Documents the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days’ written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdownshut- down, delay and start- start-up, plus interest as provided for in the Contract Documents.

Appears in 2 contracts

Sources: Standard Form of Agreement Between Owner and Contractor, Construction Contract

FAILURE OF PAYMENT. 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor’s 's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date ▇▇▇▇ established in the Contract Documents, Documents the amount certified by the Architect or awarded by binding dispute resolutionarbitration, then the Contractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s 's reasonable costs of shutdownshut-down, delay and start- start-up, plus interest as provided for in the Contract Documents.

Appears in 1 contract

Sources: Standard Form of Agreement Between Owner and Contractor (Corixa Corp)

FAILURE OF PAYMENT. If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents, Documents the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days’ written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdownshut-down, delay and start- start-up, plus interest as provided for in the Contract Documents.

Appears in 1 contract

Sources: Subcontractor Compliance Agreement

FAILURE OF PAYMENT. If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents, Documents the amount certified by the Architect or awarded by binding dispute resolutionArchitect, unless such failure is due to a reason enumerated then the Contractor may, upon seven additional days’ written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdownshut-down, delay and start- start-up, plus interest as provided for in the Contract Documents.

Appears in 1 contract

Sources: Standard Form of Agreement Between Owner and Contractor

FAILURE OF PAYMENT. If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor’s 's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents, Documents the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s 's reasonable costs of shutdownshut-down, delay and start- start-up, plus interest as provided for in the Contract Documents.

Appears in 1 contract

Sources: Construction Contract

FAILURE OF PAYMENT. If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor’s 's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents, Documents the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s 's reasonable costs of shutdownshut­-down, delay and start- start-up, plus interest as provided for in the Contract Documents.

Appears in 1 contract

Sources: Standard Form of Agreement Between Owner and Contractor (STAMPS.COM Inc)

FAILURE OF PAYMENT. 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor’s 's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents, Documents the amount certified by the Architect or awarded by binding dispute resolutionlitigation, then the Contractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s 's reasonable costs of shutdownshut-down, delay and start- start-up, plus interest which shall be accomplished as provided for in the Contract DocumentsArticle 7.

Appears in 1 contract

Sources: Construction Contract (Monarch Casino & Resort Inc)

FAILURE OF PAYMENT. If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor’s approved Application for Payment, or if the Owner does not pay the Contractor within seven fourteen (14) days after the date established in the Contract Documents, the amount certified by the Architect and approved by the Owner or awarded by binding dispute resolution, then the Contractor may, upon seven additional days’ notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall may be increased by the amount of the Contractor’s reasonable costs of shutdown, delay and start- start-up, plus interest as provided for in the Contract Documents.

Appears in 1 contract

Sources: Standard Form of Agreement Between Owner and Construction Manager as Constructor

FAILURE OF PAYMENT. § 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor’s 's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents, Documents the amount certified by the Architect or awarded by binding dispute resolutionarbitration, then the Contractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The applicable Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s 's reasonable costs of shutdownshut-down, delay and start- start-up, plus interest as provided for in the Contract Documents.

Appears in 1 contract

Sources: Construction Contract (Sierra Pacific Resources /Nv/)

FAILURE OF PAYMENT. 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents, Documents the amount certified by the Architect or awarded by binding dispute resolutionArchitect, then the Contractor may, upon seven additional days’ written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased if approved by Change Order by the amount of the Contractor’s reasonable costs of shutdownshut-down, delay delay, and start- start-up, plus interest as provided for in the Contract Documents.

Appears in 1 contract

Sources: Construction Contract

FAILURE OF PAYMENT. If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents, the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days’ written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay and start- start-up, plus interest as provided for in the Contract Documents.

Appears in 1 contract

Sources: Master Agreement