This article gives a brief overview of the right to cure across the country and provides some practical tips for dealing with cure notices. This right to cure means the owner itself will be in material breach of the contract if it does not first give the contractor a reasonable opportunity to correct the defective performance, whether that means getting the project back on schedule or tearing out and replacing defective work. Whether by the express terms of the contract or state law, most contractors have a “right to cure,” meaning that the contractor has a legal right to notice and a reasonable opportunity to fix defective work or get the project back on schedule before the owner can take over the work or terminate and hold the contractor responsible for the added costs. Of course, the owner then seeks to back charge its costs to correct and complete the contractor’s work. If a contractor’s work is defective, incomplete or behind schedule, owners are often quick to supplement the contractor’s forces or bring in a replacement contractor to address the problems or, in the worst of all scenarios, terminate the contract. Everyone loves second chances-except maybe project owners.
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