Common use of Design-Builder’s Right to Terminate for Nonpayment Clause in Contracts

Design-Builder’s Right to Terminate for Nonpayment. If the Owner fails to pay the Design-Builder when payment is due, the Design-Builder must give written notice of the Design-Builder's intention to terminate this Contract. If the Owner fails to provide the Design-Builder payment or written notice of a dispute as to the amount sought by the Design-Builder within thirty (30) days after receipt of the Design-Builder's written notice, the Design-Builder may terminate this Contract. Upon such termination the Owner will pay the Design-Builder the for the Work properly executed, the Design-Builder's Fee earned to date, and, upon timely claim therefor, for any proven loss sustained or cost incurred upon any materials, equipment, tools, construction equipment and machinery, and cancellation charges on existing obligations of the Design-Builder.

Design-Builder’s Right to Terminate for Nonpayment. If the Owner fails to pay the Design-Builder when payment is due, the Design-Builder must give written notice of the Design-Builder's intention to terminate this Contract. If the Owner fails to provide the Design-Builder payment or written notice of a dispute as to the amount sought by the Design-Design- Builder within thirty (30) days after receipt of the Design-Builder's written notice, the Design-Builder may terminate this Contract. Upon such termination the Owner will pay the Design-Builder the for the Work properly executed, the Design-Design- Builder's Fee earned to date, and, upon timely claim therefor, for any proven loss sustained or cost incurred upon any materials, equipment, tools, construction equipment and machinery, and cancellation charges on existing obligations of the Design-Builder.