The companies racing to build artificial intelligence (AI) have found a blunt way to say “hurry up.” They now demand $5 million or more for every day a data center opens late.

The builders pay that bill, along with anyone who owns a piece of them. This spring, one tenant asked for $1 million a day, The Information reported.

Why Power, Not Chips, Is Holding AI Back

AI headlines focus on chips. A building full of chips is useless without electricity.

Power is the main obstacle to new data centers, energy research firm Currence found in July, Network World reported.

AI data center tenants are now demanding penalties of more than $5 million per day if developers fail to deliver power and facilities on time, up from around $1 million earlier this year, according to The Information. pic.twitter.com/tz9Twcsx1H

— Wall St Engine (@wallstengine) October 25, 2026

How a One-Year Delay Becomes 640 Days of Free Rent

SoftBank-backed SB Energy is building a 10-gigawatt campus in Ohio for OpenAI. If it opens late, OpenAI gets one free day of base rent per day of delay.

After 90 days, that doubles to two, the Wall Street Journal reported, citing SB Energy’s initial public offering (IPO) filing. A full year late costs 640 days of rent.

SB Energy rent credit ladder showing AI data center delay penalties reaching 640 free rent days after one year. Source: WSJ; BeInCrypto calculation
SB Energy rent credit ladder showing AI data center delay penalties reaching 640 free rent days after one year. Source: WSJ; BeInCrypto calculation

Yet the campus relies on a 9.2-gigawatt gas plant SB Energy will not own or run.

Wall Street Has Already Flinched

In September, SB Energy postponed a planned $5 billion IPO after buyers pushed back on its $50 billion valuation.

None of its data centers is open. It booked $139 million in revenue in the first half, and may now list in December or next year.

SB Energy's $50 billion IPO valuation sought compared with $278 million in annualized revenue. Source: IFR; The Information
SB Energy’s $50 billion IPO valuation sought compared with $278 million in annualized revenue. Source: IFR; The Information

Markets have punished late builds before. In November 2025, CoreWeave shares fell about 16% after it blamed one developer’s delay for a weak forecast.

The Tenants Are Writing Their Own Escape Hatches

Oracle sent a force majeure notice, a legal claim of uncontrollable events, on its New Mexico campus. It lets Oracle delay payments if the site misses its 2028 start.

Oracle says the project is on schedule. Its landlord, Blue Owl Capital, played down the move.

“…this notice does not change the financial commitments to this multi-year project.”

Is AI Spending a Casino or a Lifeline?

Broadcom chief Hock Tan says some AI investors act like they are in a casino. BlackRock CEO Larry Fink warns that halting data center construction would push the US into recession.

Power now sets the deadline, and the builder pays the fine. New Mexico regulators rule on the campus air permit by Nov. 23.

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