CONSTRUCTION DEFECT DEMAND LETTER

STATUTORY NOTICE AND OPPORTUNITY TO CURE

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
OVERNIGHT DELIVERY - SIGNATURE REQUIRED
AND FIRST-CLASS MAIL

[DATE]

[GENERAL CONTRACTOR/BUILDER NAME]
ATTN: [CONTACT NAME/TITLE]
[ADDRESS]
[CITY, STATE ZIP]
Contractor License No.: [LICENSE NUMBER]

Additional Copies to:

[SUBCONTRACTOR NAME(S)] (if applicable)
[ADDRESS]
[CITY, STATE ZIP]
Contractor License No.: [LICENSE NUMBER]

[DESIGN PROFESSIONAL NAME] (if applicable)
[ADDRESS]
[CITY, STATE ZIP]
License No.: [LICENSE NUMBER]

Re: CONSTRUCTION DEFECT CLAIM - STATUTORY NOTICE
Property Owner: [OWNER FULL NAME]
Property Address: [PROPERTY ADDRESS]
Project Description: [DESCRIPTION - e.g., New Home Construction, Remodel, Commercial Build-Out]
Contract Date: [DATE]
Substantial Completion Date: [DATE]

Dear Sir or Madam:

This law firm represents [OWNER FULL NAME] ("Owner" or "Client") in connection with construction defects at the above-referenced property. This letter constitutes formal notice of construction defects pursuant to [STATE] [CITE RIGHT TO REPAIR/NOTICE STATUTE], and provides you with the statutory opportunity to inspect, offer to repair, and/or settle this claim before litigation is commenced.

THIS IS A STATUTORY NOTICE REQUIRED UNDER [STATE] LAW. YOUR TIMELY RESPONSE IS REQUIRED.

I. PURPOSE OF THIS NOTICE

This notice is being provided in compliance with [STATE] law, which requires that before a homeowner may file a lawsuit for construction defects, the homeowner must:

1. Provide the contractor with written notice of the claimed defects
2. Allow the contractor an opportunity to inspect the property
3. Allow the contractor an opportunity to offer to repair the defects
4. Allow the contractor an opportunity to offer monetary compensation

You have [NUMBER] days from receipt of this notice to respond. Failure to respond within the statutory timeframe may result in the Owner proceeding directly to litigation without further notice.

II. PROPERTY AND PROJECT INFORMATION

A. Property Description

B. Project Information

C. Parties Involved

General Contractor:
- Name: [NAME]
- License Number: [NUMBER]
- Address: [ADDRESS]
- Contact: [PHONE/EMAIL]

Subcontractors: (List all subcontractors whose work is believed to be defective)

Design Professionals:

III. DESCRIPTION OF DEFECTS

Pursuant to [STATE] [CITE STATUTE], the following is a detailed description of each claimed construction defect:

DEFECT #1: [TITLE - e.g., ROOF LEAKAGE]

Location: [Specific location within the property]

Description: [Detailed description of the defect, including how it manifests, when it was discovered, and any progression of the condition]

Building Components Affected:
☐ Foundation/Slab ☐ Framing ☐ Roofing ☐ Exterior walls/Siding ☐ Windows/Doors
☐ Plumbing ☐ Electrical ☐ HVAC ☐ Insulation ☐ Drywall/Interior finishes
☐ Flooring ☐ Waterproofing ☐ Drainage ☐ Landscaping/Hardscape ☐ Other: [SPECIFY]

Standards Violated:
☐ Building Code Violation: [CITE SPECIFIC CODE]
☐ Manufacturer's Installation Instructions
☐ Industry Standards: [CITE - e.g., IRC, IBC, ASTM, ANSI]
☐ Contract Specifications
☐ Plans and Drawings
☐ Implied Warranty of Workmanship
☐ Implied Warranty of Habitability

Date First Observed: [DATE]

Conditions Resulting from Defect:
[Describe consequential damage, e.g., water intrusion, mold growth, structural movement]

Repair Attempts:
☐ None
☐ Owner attempted repair: [DESCRIBE]
☐ Contractor attempted repair on [DATE]: [DESCRIBE RESULT]

Estimated Cost to Repair: $[AMOUNT]

Expert Opinion:
☐ Expert inspection conducted by [NAME], [CREDENTIALS], on [DATE]
☐ Expert report available upon request

DEFECT #2: [TITLE]

[REPEAT FORMAT ABOVE FOR EACH DEFECT]

DEFECT #3: [TITLE]

[REPEAT FORMAT ABOVE FOR EACH DEFECT]

IV. SUMMARY OF DEFECTS AND DAMAGES

V. SUPPORTING DOCUMENTATION

The following documentation supports our Client's claims and is available for your review:

☐ Construction Contract and Change Orders
☐ Plans, Specifications, and Drawings
☐ Building Permits
☐ Inspection Reports (Building Department)
☐ Photographs of Defects (dated)
☐ Videos of Defects
☐ Expert Inspection Report(s)
☐ Repair Estimates from Licensed Contractors
☐ Correspondence Regarding Defects
☐ Warranty Documents
☐ Prior Repair Attempts Documentation
☐ Weather Data (for water intrusion claims)
☐ Other: [SPECIFY]

VI. LEGAL BASIS FOR CLAIM

Our Client's claims are based on the following legal theories:

A. Breach of Contract

You failed to perform the construction work in accordance with the terms of the contract, plans, specifications, and applicable building codes.

B. Breach of Express Warranty

You provided express warranties regarding the quality and durability of the construction, which you have breached.

C. Breach of Implied Warranty of Workmanship

Under [STATE] law, every construction contract includes an implied warranty that the work will be performed in a workmanlike manner. You have breached this warranty.

D. Breach of Implied Warranty of Habitability

[For residential construction] Under [STATE] law, builders impliedly warrant that a new home is constructed in a reasonably workmanlike manner and is suitable for habitation. You have breached this warranty.

E. Negligence

You owed our Client a duty of care to perform the construction work in accordance with the applicable standard of care. You breached that duty, proximately causing damages.

F. Violation of Building Codes

The construction work violates the following building codes: [LIST SPECIFIC CODE VIOLATIONS]

G. Violation of [STATE] Contractor Licensing Laws

[If applicable] You have violated [STATE] contractor licensing laws, specifically [CITE STATUTE], which may affect your right to enforce the contract and/or subject you to additional penalties.

H. Fraud/Misrepresentation

[If applicable] You made false representations regarding [DESCRIBE], upon which our Client relied to their detriment.

VII. STATUTORY NOTICE REQUIREMENTS

A. Applicable Statute

This notice is provided pursuant to [STATE] [FULL STATUTE CITATION], which requires:

☐ Written notice to contractor describing claimed defects
☐ [NUMBER]-day period for contractor to respond
☐ [NUMBER]-day period for contractor to inspect
☐ [NUMBER]-day period for contractor to offer repair or settlement
☐ Additional time periods as specified by statute

B. Your Rights and Obligations Under the Statute

Upon receipt of this notice, you have the right to:

1. Inspect the Property: You may inspect the property and the claimed defects. Please contact our office within [NUMBER] days to schedule an inspection.

2. Offer to Repair: You may offer to repair some or all of the claimed defects.

3. Offer Settlement: You may offer to pay monetary compensation in lieu of repairs.

4. Dispute the Claims: You may dispute that defects exist or that you are responsible.

5. Request Documentation: You may request copies of documentation supporting the claims.

C. Response Deadline

Your written response is due within [NUMBER] days of your receipt of this notice, which is on or before [CALCULATE DATE].

Your response should include:
1. Whether you dispute any of the claimed defects
2. Whether you wish to inspect the property
3. Your offer, if any, to repair or compensate
4. Any documents you wish to provide

VIII. DEMAND FOR INSPECTION

We hereby offer you the opportunity to inspect the property and the claimed defects pursuant to [STATE] law. To schedule an inspection:

1. Contact our office in writing within [NUMBER] days
2. Propose at least three available inspection dates
3. Identify all persons who will attend the inspection
4. Identify any experts or consultants who will participate

Contact Information for Scheduling:

[LAW FIRM NAME]
ATTN: [ATTORNEY NAME]
[ADDRESS]
[PHONE]
[EMAIL]

Inspection conditions:
- Inspections shall occur during reasonable business hours
- Our Client and/or counsel will be present during inspections
- Destructive testing requires advance written approval
- All inspection participants must provide identification and sign in
- Photography and documentation are permitted

IX. PRESERVATION OF EVIDENCE

You are hereby directed to preserve all documents, materials, and information relating to the construction of the property, including but not limited to:

☐ All contracts, subcontracts, and purchase orders
☐ All plans, specifications, and drawings
☐ All change orders and modifications
☐ All correspondence with owner, subcontractors, suppliers, and design professionals
☐ All inspection reports and quality control records
☐ All photographs taken during construction
☐ All daily logs, progress reports, and meeting minutes
☐ All material safety data sheets and product specifications
☐ All warranties from manufacturers and suppliers
☐ All insurance policies and certificates
☐ All building permits and inspection records
☐ All testing and soil reports
☐ Payroll and personnel records for workers on the project
☐ Training records for workers
☐ All email and electronic communications
☐ All insurance claim files related to this project

Spoliation Warning: Failure to preserve evidence may result in adverse inference instructions, sanctions, and separate claims for spoliation of evidence.

X. INSURANCE INFORMATION REQUEST

Please provide the following information within [14] days:

1. Name of your general liability insurance carrier
2. Policy number
3. Policy limits
4. Contact information for claims department
5. Name of your errors and omissions carrier (for design professionals)
6. Name of workers' compensation carrier
7. Evidence of insurance at time of construction

Please forward this notice to your insurance carrier(s) immediately.

XI. STATUTE OF LIMITATIONS / STATUTE OF REPOSE

For your information, the following limitations periods may apply to this claim:

Statute of Limitations: [STATE] law provides a [NUMBER]-year statute of limitations for construction defect claims, running from [discovery of defect / completion of work / other trigger].

Statute of Repose: [STATE] law provides a [NUMBER]-year statute of repose for construction claims, running from [substantial completion / certificate of occupancy / other trigger].

Our Client's claims are timely under both provisions.

XII. DAMAGES CLAIMED

Our Client seeks to recover the following damages:

Note: Damages continue to accrue and this amount may increase if repairs are not promptly made.

XIII. SETTLEMENT DEMAND

To resolve this matter without litigation, we demand:

Option A - Repair by Contractor:
1. Complete repair of all identified defects by licensed contractors
2. All repairs to be completed within [NUMBER] days
3. All repairs warranted for [NUMBER] years
4. Payment of all expert and investigation costs incurred
5. Payment of attorney's fees incurred to date

Option B - Monetary Settlement:
Payment of $[AMOUNT] within [30] days, representing:
- Full cost of repair
- Investigation and expert costs
- Attorney's fees
- Related damages

XIV. RESPONSE AND NEXT STEPS

Please respond in writing within [NUMBER] days of receipt of this notice. Your response should indicate:

1. Whether you accept or dispute each claimed defect
2. Whether you wish to inspect the property
3. Your offer, if any, to repair or settle
4. Any additional information you require

If you fail to respond within the statutory period, our Client will proceed with litigation without further notice.

XV. RESERVATION OF RIGHTS

This notice is provided without prejudice to any and all rights and remedies available to our Client under applicable law, contract, or equity, all of which are expressly reserved. Our Client reserves the right to:

• Amend this notice to include additional defects discovered
• Seek additional damages as they accrue
• Add additional parties as investigation continues
• Pursue all available legal remedies

Respectfully submitted,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
[BAR NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]

Attorneys for [OWNER FULL NAME]

ENCLOSURES:
☐ Photographs of defects
☐ Expert report(s)
☐ Repair estimates
☐ Copy of construction contract
☐ Correspondence history
☐ Authorization to represent

cc: [OWNER NAME]
[INSURANCE CARRIER - via separate notice]
[SUBCONTRACTORS - as listed above]
[CONTRACTOR'S LICENSING BOARD]
[CLIENT FILE]

APPENDIX: STATE RIGHT TO REPAIR QUICK REFERENCE

This template is for informational purposes only and does not constitute legal advice. Construction defect laws, including notice requirements and statutes of limitation/repose, vary significantly by state. Consult a licensed attorney in your jurisdiction before use.