Tacit Acceptance of Contract Termination Following Unremedied Defects
Synthèse Legislator
Généré par l'IAA party who provided services under a construction contract, after being formally put on notice to remedy defects within a set period, was deemed to have tacitly accepted the recipient's subsequent termination of the contract due to the failure to cure those defects, as evidenced by the service provider's subsequent failure to commence the repairs or challenge the termination for a significant time. The court upheld the validity of the termination because the formal notice sufficiently informed the contractor of the required repairs and the consequences of inaction, and the contractor's subsequent silence and failure to act constituted a tacit acceptance of the termination, which was therefore legally justified.
Regeste Legislator
Généré par l'IATacit Acceptance of Contract Termination Following Unremedied Defects: The court upheld the validity of the termination because the formal notice sufficiently informed the contractor of the required repairs and the consequences of inaction, and the contractor's subsequent silence and failure to act constituted a tacit acceptance of the termination, which was therefore legally justified.