Common use of Unexcused Failure to Pay Clause in Contracts

Unexcused Failure to Pay. If Owner, without justifiable cause or basis hereunder, fails to pay Design/Builder any amounts due and payable to Design/Builder within forty-five (45) days after the date established herein for payment of such amounts, then Design/Builder may suspend its Design Services or, as applicable, the Work until payment is made, provided that Design/Builder first gives five (5) days’ written notice to Owner of its intent. Any payment due hereunder which is not made within thirty (60) days after the date due shall bear interest at statutory interest rate set forth in Idaho Code 63-3045.

Appears in 3 contracts

Sources: Design Build Agreement, Design Build Agreement, Design Build Agreement