The right to stop the work when the Contractor's performance is defective lies with the:

The right to stop work when the Contractor's performance is defective primarily lies with the Owner. This authority allows the Owner to protect their interests and mitigate potential damages that could arise from defective work. The construction contract typically outlines the responsibilities and rights of each party, including the conditions under which the Owner can halt construction activities.

While the Architect or Engineer may have oversight responsibilities and can recommend stopping work based on performance issues, the ultimate authority typically rests with the Owner. This is because the Owner is ultimately responsible for the project and its outcomes. If the Contractor fails to adhere to the contract specifications or standards, the Owner has the right to take necessary actions to safeguard the project's integrity, which includes stopping work until the defects are addressed.

In contrast, while both the Architect/Engineer and Owner play significant roles in the oversight of the construction process, the decision to stop work is typically executed through the Owner's directives, based on recommendations or observations made by the Architect/Engineer. Therefore, the Owner's authority is crucial in managing the overall project and ensuring that it is completed to satisfaction and compliant with contract terms.