FEDERALDistrict Court, M.D. Florida
2014

United States ex rel. Ragghianti Foundations III, LLC v. Peter R. Brown Construction, Inc.

49 F. Supp. 3d 1031District Court, M.D. Florida • Decided 2014Enforced

HOLDING

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 FINDINGS

Termination for Convenience

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.

Change Order

Document everything when you receive a notice of deficiency. Start corrective work immediately and track all efforts to meet the cure deadline.

Flow-Down

Negotiate reasonable cure periods upfront. Two days may not be realistic for complex concrete work—push for longer timeframes during contract negotiations.

FULL COURT OPINION