Kajko, Weisman & Colasanti, LLP

Is Connecticut a right-to-cure state for construction?

Connecticut does not have statutory provisions that specifically allow contractors the right to cure construction defects. This means that you would probably not need to give construction contractors or subcontractors an option to fix their mistakes. You would also probably not need to provide notice before you filed action.

However, you may want to offer your business partners this opportunity informally before you bring legal action in some cases. Deciding what to do after you discover and potential construction defect would depend on several aspects of your unique situation. Please read on for a brief discussion of some of these issues.

One of the first things you would probably want to consider is Connecticut's statutes of limitations and repose on construction defects. As explained on FindLaw, these two limits could put a cap on the amount of time you have before you bring legal action to recoup losses caused by poor construction or lack of attention to plans. The statute of limitations would give you a certain amount of time after discovering the problem. The statute of repose sets a different limit that is based on the date of the actions in question.

The likelihood of the contractor to individually remedy the issue may also be a factor in your decision. Even if you do not have a good individual relationship with the party in question, sending the right message via a neutral third party, such as a mediator, may still motivate repair or repayment for your construction issue.

There are many parties involved with the typical construction project, leading to a number of different ways you could potentially reclaim damages for defects. Therefore, please do not use this as legal advice for any situation. It is only general information.

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