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What is the right to cure?

On Behalf of | Jun 15, 2022 | Construction Law |

Whether you are a construction worker, a contractor, a homeowner or a business owner, the physical location you work on needs to meet certain standards. Nobody wants to find defects in previous construction or current projects. If you do, it is important to resolve them quickly. This might sound like a lawsuit waiting to happen, but you might have to step through a few hoops, depending on the state.

California allows contractors the right to cure, which is an opportunity to resolve any reported defects before legal action goes forward.

Contract details or a lack thereof

Many construction contracts include right to cure clauses as a means of avoiding legal repercussions for construction defects. But according to Construction Executive, states including California assume all contracts have a right to cure implied. Even for smaller, custom contracts that do not explicitly call it out, California requires you to inform the contractor and give them an opportunity to review and repair.

Contractor actions after reporting

Once you report a defect, your contractor has a few options. Usually, a contractor must provide a written confirmation that he or she repaired the defect, a plan detailing the repair or insisting that there is no defect. Depending on your claim, contractors may believe the task is outside of the original contract’s scope.

Solutions or complications in conflict

If a contractor ignores the window to repair a defect or abandons the job, you are in your right to terminate the employment or even make a claim against the negligence. If the contractor believes the defect is extra work, it may fall to a court hearing to determine what is best. Right to cure allows for fairness and rapid response time but may result in further complications and you must be aware of California timelines for construction negligence lawsuits.