Joseph Feibel – January 8, 2018
Question:
What is a Cure Notice?
Answer:
A cure notice is used if the contractor fails to perform any provision of the contract or fails to make progress. The notice should not be sent if the delivery date is late since late delivery is a cause for termination by default.
The cure notice lets the contractor know the specific failure and give the contractor an opportunity to cure the defect within 10 days (or longer if Contracting Officer (CO) deems it necessary) There also must be sufficient time remaining in the contract performance period for the contractor to cure or fix the deficiency. The contract may not be terminated for default until the cure period expires.
At a minimum, the cure notice must:
- Be in writing
- Specifically state the failure the CO believes is endangering performance and
- Allow the contractor at least 10 days to cure the failure.
The cure notice doesn’t require a written reply; it requires action by the contractor to cure the problem. If the contractor fails to cure the problem endangering contract performance, the CO usually will issue a show cause notice.