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Terminating contractor and warranties

North CarolinaBack ChargesPayment Disputes

My contract with the general contractor doesn't contain any penalties for not meeting the project schedule. It does however contain arbitration language should the parties be unable to settle a dispute. The project was scheduled for completion 4-5 weeks from the start date. The project is 17 weeks behind schedule. I sent the contractor a cure letter to complete the project in 10 days as the project has been at 90% mark for 10 weeks. is the 10 day cure letter sufficient? Also, does the contractor have to warranty work already completed even if the contract is terminated?

1 reply

Sep 3, 2021
Sorry you’ve had this problem. Unfortunately, your question will require contract review to answer accurately. It will be important to determine whether the contract contains certain provisions (“Time is of the essence” clause, for instance) and to understand the cause of the delay to know whether there’s any default to cure, or whether the delays are excused, and whether a 10 day notice is sufficient.
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