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

Contractor May Stop Work or Terminate. A. If, through no act or fault of CONTRACTOR, the Work is suspended for more than 90 consecutive days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within 30 days after it is submitted, or OWNER fails for 30 days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER 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 ENGINEER has failed to act on an Application for Payment within 30 days after it is submitted, or OWNER has failed for 30 days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may, seven days after written notice to OWNER and ENGINEER, stop the Work until payment is made of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.04 are not intended to preclude CONTRACTOR from making a Claim under paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR’s stopping the Work as permitted by this paragraph.

Contractor May Stop Work or Terminate. A. If, through no act or fault of CONTRACTORContractor, the Work is suspended for more than 90 ninety (90) consecutive days by OWNER Owner or under an order of court or other public authority, or ENGINEER Architect fails to act on any Application for Payment within 30 forty-five (45) days after it is submitted, or OWNER Owner fails for 30 forty-five (45) days to pay CONTRACTOR Contractor any sum finally determined to be due, then CONTRACTOR Contractor may, upon seven (7) days written notice to OWNER Owner and ENGINEERArchitect, and provided OWNER Owner or ENGINEER Architect do not remedy such suspension or failure within that time, terminate the Contract and recover from OWNER Owner payment on the same terms as provided in paragraph 15.0319.2.2. In lieu of terminating the Contract and without prejudice to any other right or remedy, if ENGINEER Architect has failed to act on an Application for Payment within 30 forty-five (45) days after it is submitted, or OWNER Owner has failed for 30 forty-five (45) days to pay CONTRACTOR Contractor any sum finally determined to be due, CONTRACTOR Contractor may, seven (7) days after written notice to OWNER Owner and ENGINEERArchitect, stop the Work until payment is made of all such amounts due CONTRACTORContractor, including interest thereon. The provisions of this paragraph 15.04 are not intended to preclude CONTRACTOR Contractor from making a Claim under paragraph 10.05 this Agreement, for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR’s Contractor stopping the Work as permitted by this paragraph.