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Final Notice of Default

CaliforniaSubstantial Completion

We have been served a " Final Notice of Default" from the main contractor on a job, stating we are holding up any other trades. The notice gave us a 24 hour notice to complete the last slab of granite. Which has a delay due to the current world situations. We have in the contract red lined to delete"Damages to contractor for Delay". Is the defalt letter legal.

3 replies

Feb 14, 2022

In a situation like this, it's good to talk to a construction lawyer quickly. The deletion of a damages for delay clause doesn't affect whether you are in default though, it just limits the damages available for that default.

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Feb 15, 2022

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Feb 15, 2022
It sounds likely that the default notice is improper.
But, a review of the contract is needed for a definitive answer.
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