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The right to cure and your defense in construction disputes

On Behalf of | Jul 26, 2021 | Construction Disputes

You’re obligated to complete any projects, renovations or constructions stated within an active contract. Where things get complex is when you’re defining defects or damages caused by your work. In Austin, Texas, construction disputes are typically handled via your initial contracts and additional laws like that of the right to cure.

What is the right to cure?

Damages, mistakes and unintended orders do happen within the work of construction contractors. The right to cure clause is one that protects your right to remedy a situation when your clients want to end a contract. Your clients have the right to remove you from a project if you don’t live up to the standards set within your contracts. You cannot, however, be removed or terminated without first working to remedy the construction dispute.

Why is the right to cure so imperative?

Large construction sites are often dangerous and require flexibility when achieving milestones within them. Your clients won’t be equipped to understand everything you do nor the full reasons why. Explaining your work calls for you to be protected from clients who prematurely terminate your work when such work remains in good progress.

Which parameters dictate the need for repairs?

Start by looking at your contracts and the liabilities that they set. Seven days is the standard time for you to receive notice and to work in order to remedy the defects claimed. Your clients need to inform you, or their claims won’t stand. You need to respond within seven days to build dialogue that can propose solutions. In general, your right to cure stands whether it’s stated in writing or not. This is based on the “right to repair law” of Texas, which gives you time to fix your errors. However, promptness is required when using your right to cure.

You don’t have to accept blame for a defect if you’re willing to address the issue. After receiving your clients’ complaints, you need to give proof in writing that the defects were cured. If not, your written solutions must be sent to the client. Further, you retain your right to dispute a request for repairs when you’re sure that no defects exist.