Right to Repair
Also known as: Right to Cure, Notice and Opportunity to Repair
A state law that requires homeowners to notify the builder of construction defects and give them an opportunity to inspect and repair before filing a lawsuit.
Detailed Explanation
Right to repair (or right to cure) laws are state statutes that create a mandatory pre-litigation process. Before you can sue your builder, you must give them written notice of the defect and an opportunity to fix it.
The process typically requires: written notice describing the defect, a builder inspection period, a builder response (offer to repair, settle, or deny), and if applicable, a repair period.
If you skip these steps, your lawsuit may be dismissed. The procedures and timelines vary by state.
In Your Contract
Your contract may reference the state's right to repair law or include its own notice and cure provisions. Look for "notice of defect," "right to cure," or "pre-litigation notice" sections.
Key Points
- 1Required by law in many states before you can sue for construction defects.
- 2You must send written notice describing the defect.
- 3The builder gets a set period to inspect and respond.
- 4Failing to follow the process can get your lawsuit dismissed.
- 5Texas's RCLA is one of the most well-known right to repair statutes.
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