Companies developing artificial intelligence infrastructure are imposing significant financial penalties for delays in data center construction. Tenants now demand compensation exceeding $5 million per day for late facility delivery, a sharp increase from the $1 million daily penalties observed earlier this spring.
SB Energy, a company backed by SoftBank, is currently constructing a 10-gigawatt campus in Ohio for OpenAI. Under the terms of their agreement, OpenAI is entitled to one day of free base rent for every day of delay, with the penalty doubling to two days of free rent after a 90-day period. A total delay of one year results in 640 days of free rent.
The expansion of AI infrastructure faces significant challenges due to power availability, which research firm Currence identified as the primary obstacle for new data centers. SB Energy is developing a 9.2-gigawatt gas plant to support its Ohio project, though the company will neither own nor operate the facility.
Financial markets have reacted to construction delays, as seen in November 2025 when CoreWeave shares dropped by approximately 16% following a weak forecast linked to developer delays. SB Energy postponed its planned $5 billion IPO in September after investors challenged its $50 billion valuation, with the company reporting $139 million in revenue for the first half of the year.
