Common use of FAILURE OF PAYMENT Clause in Contracts

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 State does not pay the Contractor within seven days after the date established in the Contract Documents any amount certified by the Architect or awarded by alternative dispute resolution proceedings, then the Contractor may, upon seven additional days written notice to the State and the Architect, stop the Work until payment of the amount owing has been received. The Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up, which shall be effected by appropriate Change Order in accordance with Paragraph 12.3.

Appears in 158 contracts

Samples: Vermont Contract, Vermont Contract, Vermont Contract

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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 State Owner does not nor pay the Contractor within seven days after the date established in the Contract Documents any the amount certified by the Architect or awarded by alternative dispute resolution proceedings, then the Contractor may, upon seven additional days days' written notice to the State Owner and the 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 shut-downshutdown, delay and start-upstartup, which shall be effected by appropriate Change Order accomplished as provided in accordance with Paragraph 12.3Article 7.

Appears in 1 contract

Samples: Agreement (Digex Inc/De)

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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 State Owner does not pay the Contractor within seven days after the date established in the Contract Documents any the amount certified by the Architect or awarded by alternative dispute resolution proceedings, then the Contractor may, upon seven additional days days' written notice to the State Owner and the 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 shut-down, delay and start-up, which shall be effected by appropriate Change Order accomplished as provided in accordance with Paragraph 12.3Article 7.

Appears in 1 contract

Samples: Agreement (Digex Inc/De)

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