The right to cure in construction defect cases

On Behalf of | Sep 22, 2021 | Construction Litigation

Construction projects usually involve considerable investments of time and money. When something goes wrong and the end result is not what you bargained for, you may consider the possibility of bringing a lawsuit immediately against the construction company for damages resulting from their shoddy work. Before you do so, however, make sure you understand how your state’s right to cure laws work.

A statutory right

The right to cure is a right that construction companies and contractors have in some states, that temporarily protects them from lawsuits by their clients until they have had the opportunity to remedy the defective work that their clients want to sue them over.

In states where the right to cure is statutorily recognized, a dissatisfied customer must notify the construction entity of the defect in their work, and provide them with time to make an offer to repair or redo the defective work. Then, if the entity refuses to avail itself of this opportunity, or if the customer is still not satisfied, then the customer can bring a lawsuit.

States differ in the details

Every state has different statutes in place concerning the right to cure. States differ on things such as the statute of limitations and how long you have to wait after notifying the construction company of the defect before you can bring a lawsuit.

For example, Missouri has codified the right to cure. Plaintiffs do have the obligation to provide a contractor the opportunity to fix the defect before they can sue. The statute of limitations for bringing suit is five years, while the statute of repose is ten years from the date of completion of the project.

Dealing with construction defects can be extremely frustrating. But taking into account the right to cure rules of your state is important, so that you do not waste time and money filing a lawsuit that a court will dismiss or that the other party can easily defeat.

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