My contract with the general contractor doesn't contain any penalties for not meeting the project schedule. It does however contain arbitration language should the parties be unable to settle a dispute. The project was scheduled for completion 4-5 weeks from the start date. The project is 17 weeks behind schedule. I sent the contractor a cure letter to complete the project in 10 days as the project has been at 90% mark for 10 weeks. is the 10 day cure letter sufficient? Also, does the contractor have to warranty work already completed even if the contract is terminated?
The sufficiency of a 10-day cure period would depend on the specific terms and conditions outlined in your contract. If your contract specifies a cure period for delays or non-performance, then providing a 10-day cure letter may be appropriate. However, if your contract does not explicitly mention a cure period, it's advisable to consult with an attorney to determine the appropriate course of action.
Regarding warranty for work already completed, again, it would depend on the terms of your contract. Typically, construction contracts include provisions related to warranty periods and obligations. If the contract specifies a warranty period for completed work, the contractor may be obligated to address any defects or issues that arise during that period, even if the contract is terminated. However, the specifics of the warranty provisions and any limitations or exceptions should be reviewed carefully, preferably with the assistance of a construction attorney.