Construction contractors face professional challenges every day. Between client relations, union disputes and a completely 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 Cure Statute
Many states in the U.S. support a Right to Cure statute. These statutes ease court caseloads by stopping lawsuits before they require litigation, allowing parties to resolve disputes before taking drastic action. In the construction world, the Right to Cure allows a contractor to examine and repair the alleged errors before facing litigation. Lawmakers draft these statutes to encourage communication and collaborative problem solving, giving disputing parties a chance to find solutions before fault.
Fewer than half the states in the U.S. offer construction contractors the Right to Cure through state legislation. Many contractors in those states make sure to include Right to Cure clauses in their work contracts. California lawmakers include Right to Cure statutes in many of their laws, including those governing construction. When a client finds a defect or error in a contractor’s work, they must inform the contractor before filing suit. 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.
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.