I was recently asked to speak at a national conference on construction issues. One of the speakers on the panel discussed the fact that many states, but not North Carolina, have enacted a "Right to Cure" statute, which requires the owner to allow the builder a reasonable opportunity to try to fix any defects in the home. As a general rule, the contractor can repair your home less expensively that you can - or less than the cost of litigation. Even though NC does not have a Right to Cure statute, there is case law that suggests that the builder must still be afforded the right to repair. This is called the Doctrine of Prevention. Therefore, you should exhaust your efforts to have the builder do the repairs before you seek a judicial resolution of the problem. If the builder does not timely respond or if they refuse to do the work, the jury will at least appreciate the fact that you have the builder the opportunity to fix it before you filed suit. Keep in mind, however, that from the first time you give notice of a defect, that the statute of limitations begins to run. In our state, you would have three years from that date to file suit or be forever barred.
