United States ex rel. Ragghianti Foundations III, LLC v. Peter R. Brown Construction, Inc.
49 F. Supp. 3d 1031 | District Court, M.D. Florida | 2014
What This Case Means for Subcontractors
Ragghianti Foundations, a concrete subcontractor, was terminated by general contractor Peter R. Brown Construction for failing to fix defective concrete work within a two-day cure period required by their subcontract. The court upheld the termination, finding that Ragghianti did not meet the deadline to correct the work problems. This case shows that contractors can enforce strict cure deadlines in subcontracts, and missing them can result in immediate termination without further opportunity to fix the issue.
Key Takeaways
- •Always read and understand cure periods in your subcontract—missing a two-day deadline can result in immediate termination for default with no second chance.
- •Document everything when you receive a notice of deficiency. Start corrective work immediately and track all efforts to meet the cure deadline.
- •Negotiate reasonable cure periods upfront. Two days may not be realistic for complex concrete work—push for longer timeframes during contract negotiations.
Ragghianti failed to cure or eliminate the default within two days as required.
Frequently Asked Question
What happens if I don't fix defective work within the cure period my subcontract requires?
The general contractor can terminate you for default, and courts will enforce that termination if you missed the deadline. You lose the right to continue work and may face claims for damages. Always prioritize meeting cure deadlines—they are strictly enforced.
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