Construction contractors face professional challenges every day. Between client relations, workers, suppliers, vendors, building inspectors and a different workplace with every new job, contractors must satisfy a wide range of demands at once. To complicate matters, contractors must deal with frequent litigation over contract disputes or errors.
Thankfully, many states in the U.S. attempt to reduce the volume of these lawsuits with limiting statutes. Among these protections is California’s Right to Cure statute.
CALIFORNIA’S RIGHT TO REPAIR STATUTE
Many states in the U.S. support a Right to Cure statute, including California. In 2002, after an adverse decision by the California Supreme Court denying homeowners the right to sue for construction defects that had not yet caused actual damage to other property or parts of a home, the California General Assembly adopted the “Right to Repair Act” (Civil Code §§ 895 – 945.5), often referred to as SB 800.
When a client finds a defect or error in a contractor’s work, they must inform the contractor before filing a lawsuit. The client must allow the contractor to inspect the error and perform repairs.
Sometimes though, the error might not be easily repaired. If the contractor is unable to fix the defect, they can offer alternative solutions for the client. These can include covering the cost of repairs through another company or contractor or even a cash credit. If all else fails, the client may advance their claim to the courts for a legal solution.
These statutes are designed to ease court caseloads by precluding certain lawsuits and allowing parties to resolve disputes before taking legal action.
LEGAL PROTECTIONS TO SAVE TIME AND MONEY
Contractors with questions about Right to Cure statutes can find answers with a local lawyer familiar with construction law. An attorney can navigate legal statutes, help draft comprehensive contracts with extensive protections and assess any legal claims.
