Construction Defect Demand Letter - Alabama

CONSTRUCTION DEFECT DEMAND LETTER

STATE OF ALABAMA

NOTICE OF DEFECTS, REQUEST FOR INSPECTION, AND SETTLEMENT DEMAND

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND REGULAR FIRST-CLASS MAIL

[DATE]

[CONTRACTOR/BUILDER NAME]
[ADDRESS]
[CITY, STATE ZIP]
Alabama Contractor License No.: [LICENSE NUMBER]

Re: NOTICE OF CONSTRUCTION DEFECTS AND REQUEST TO CURE
Property Address: [PROPERTY ADDRESS]
Owner: [OWNER NAME]
Original Contract Date: [DATE]
Substantial Completion Date: [DATE]

Dear Sir or Madam:

This firm represents [OWNER NAME] ("Owner") regarding alleged construction defects at the above-referenced property. This letter provides written notice of the claimed defects, requests a prompt inspection, and proposes a voluntary opportunity to repair or resolve the dispute before litigation.

THIS IS NOT A NOTICE UNDER A GENERALLY APPLICABLE ALABAMA “RIGHT TO REPAIR” STATUTE. THE RESPONSE DATE BELOW IS A SETTLEMENT REQUEST, NOT A STATUTORY 60-DAY DEADLINE.

I. ALABAMA-SPECIFIC LEGAL FRAMEWORK

A. No General Statewide Right-to-Repair Notice Procedure

The current Alabama Code does not identify a generally applicable statewide statute requiring a residential owner to send a 60-day construction-defect notice before suit. Ala. Code Sections 6-5-620 through 6-5-625 concern disparagement of food products or commodities, not construction claims. Any notice, opportunity-to-repair, warranty, arbitration, or mediation requirement must instead be checked in the parties' contract, written warranty, applicable association documents, and claim-specific law.

B. Covered Actions Against Architects, Engineers, and Defined Builders

Ala. Code Sections 6-5-220 through 6-5-222 establish special time rules for specified claims against architects, engineers, and a statutorily defined "builder." Important limits include:

• A "builder" under Section 6-5-220(a) is an entity that constructed or managed an improvement and was licensed as an Alabama general contractor at the time of construction.
• Section 6-5-221(a) applies to covered improvements designed by or constructed under the supervision or plans of an architect or engineer.
• Covered actions must generally be commenced within two years after accrual.
• For latent damage, Section 6-5-220(e) ties accrual to when the damage was or reasonably should have been first discovered, whichever is earlier.
• Section 6-5-221 generally bars relief for a claim accruing more than seven years after substantial completion, subject to its actual-knowledge/nondisclosure exception and its ownership-or-control provisions.

These rules do not automatically govern every home builder, contractor, subcontractor, claim, or project. Counsel must determine whether the defendant and improvement satisfy the statutory definitions and conditions.

C. Other Claim-Specific Time Limits

If Article 13A does not control, other limitation rules may apply. Examples include:

Do not assume that a single deadline applies to every theory. The parties, project type, accrual date, express warranty, and Article 13A coverage can change the analysis.

D. Implied Warranty and Contract Theories

Alabama recognizes an implied warranty of fitness and habitability in the builder-vendor sale of a qualifying new, previously uninhabited home. Cochran v. Keeton, 287 Ala. 439, 252 So. 2d 313 (1971); Sims v. Lewis, 374 So. 2d 298 (Ala. 1979). The doctrine is limited and does not create an automatic warranty for every remodel, owner-supplied-plan project, used home, or subsequent purchaser. Boackle v. Bedwell Construction Co., 770 So. 2d 1076 (Ala. 2000).

Alabama contract law also implies a duty to use reasonable skill in performing contractual obligations, described as an implied warranty of workmanship. Turner v. Westhampton Court, LLC, 903 So. 2d 82 (Ala. 2004). The written contract, warranty language, disclaimers, notice provisions, and the identity of the buyer and builder must be reviewed before asserting either theory.

E. Residential Home-Builder Licensing and Codes

Chapter 14A of Title 34—not Chapter 8—is Alabama's Home Builders Licensure Act. Section 34-14A-2(16) defines the covered residential-home-builder work, including monetary thresholds and residential-roofer treatment; Section 34-14A-6 contains exemptions. Under Section 34-14A-14(d), a residential home builder lacking the required license may not bring or maintain an action to enforce a residential-building contract entered in violation of the chapter.

For project standards, identify the code applicable at the project location and time. Section 34-14A-12.1 requires covered residential construction, renovation, and repair beginning January 1, 2027 to comply with the applicable residential building code adopted under Section 34-14A-12 or the applicable local code. Earlier work may be governed by the local code, contract specifications, and other standards applicable when the work was performed.

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 defective)

III. DESCRIPTION OF DEFECTS

The following is a detailed description of each claimed construction defect:

DEFECT #1: [TITLE - e.g., FOUNDATION CRACKING]

Location: [Specific location within the property]

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

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

Evidence Supporting Defect:
[Describe supporting evidence - expert reports, photographs, testing results, etc.]

Standards Violated:
☐ Applicable local residential building code
☐ Alabama Residential Building Code, if applicable to the project date
☐ Manufacturer's Installation Instructions
☐ Industry Standards (IRC, IBC, ASTM)
☐ Contract Specifications
☐ Implied Warranty of Workmanship
☐ Implied Warranty of Habitability

Date First Observed: [DATE]

Estimated Cost to Repair: $[AMOUNT]

DEFECT #2: [TITLE]

[REPEAT FORMAT ABOVE FOR EACH DEFECT]

IV. SUMMARY OF DEFECTS AND DAMAGES

V. LEGAL BASIS FOR CLAIMS

A. Breach of Contract

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

B. Breach of Express Warranty

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

C. Breach of Implied Warranty of Habitability

If the transaction satisfies Alabama's new-home builder-vendor requirements, the defective condition may support an implied-warranty-of-habitability claim. Cochran v. Keeton, 287 Ala. 439, 252 So. 2d 313 (1971); Sims v. Lewis, 374 So. 2d 298 (Ala. 1979).

D. Breach of Implied Warranty of Workmanlike Construction

To the extent supported by the contract and facts, the failure to use reasonable skill in performing the construction obligations may breach the implied warranty of workmanship. Turner v. Westhampton Court, LLC, 903 So. 2d 82 (Ala. 2004).

E. Negligence

To the extent Alabama law recognizes an independent duty on the facts, the acts and omissions described above failed to meet the applicable standard of care and caused property damage. This theory must be evaluated separately from the contract claims.

F. Violation of Building Codes

The construction fails to comply with the code provisions identified in the attached report or defect schedule, to the extent those provisions applied at the project location and time.

VI. REQUESTED RESPONSE AND VOLUNTARY CURE PROCESS

A. Requested Response

Please provide a written response by [DATE] addressing whether you:

1. Request a reasonable inspection of the property;
2. Dispute any claimed defect and the basis for that position;
3. Offer to repair some or all supported defects; or
4. Offer monetary compensation or another settlement process.

B. Requested Response Date

Please respond by [DATE]. This requested date is not represented as a statutory deadline.

Your response should include:

1. Whether you accept or dispute the claimed defects
2. Whether you wish to inspect the property
3. Your offer, if any, to repair or compensate
4. Any documentation supporting your position

C. No Waiver Representation

This letter does not represent that a failure to respond waives any statutory or contractual right. The Owner reserves all rights and remedies, subject to applicable contracts, limitation periods, and law.

VII. DEMAND FOR INSPECTION ACCESS

We offer a reasonable opportunity to inspect the property without conceding liability, waiving claims, or extending any deadline. To request an inspection:

1. Contact our office in writing by [DATE]
2. Propose inspection dates during reasonable business hours
3. Identify all persons who will attend
4. Identify any experts who will participate

Contact Information:
[LAW FIRM NAME]
[ADDRESS]
[PHONE]
[EMAIL]

VIII. PRESERVATION OF EVIDENCE

You are hereby directed to preserve all documents and materials relating to the construction, including:

• All contracts and subcontracts
• Plans, specifications, and drawings
• Inspection reports and quality control records
• Correspondence with owner and subcontractors
• Photographs taken during construction
• Daily logs and progress reports
• Warranties from manufacturers
• Insurance policies and certificates

This preservation request is intended to avoid loss of relevant evidence. The scope of any legal preservation duty and any available remedy must be determined under the facts and applicable law.

IX. SETTLEMENT DEMAND

To resolve this matter without litigation, we demand:

Option A - Repair by Contractor:

1. Complete repair of all identified defects within [NUMBER] days
2. All repairs warranted for minimum of [NUMBER] years
3. Payment of investigation and expert costs: $[AMOUNT]
4. Payment of attorney's fees, only to the extent recoverable by contract or applicable law: $[AMOUNT]

Option B - Monetary Settlement:
Payment of $[AMOUNT] within 30 days.

X. CONCLUSION

Please respond in writing by [DATE]. If the matter is not resolved, the Owner will evaluate available contractual, administrative, arbitration, and judicial remedies without waiving any applicable deadline.

Respectfully submitted,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
Alabama State Bar No. [NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]

Attorneys for [OWNER NAME]

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

cc: [OWNER NAME]
[INSURANCE CARRIER]
Alabama Home Builders Licensure Board (if applicable)

ALABAMA-SPECIFIC PRACTICE NOTES

No General 60-Day Statutory Notice:

• Do not cite Ala. Code Sections 6-5-620 through 6-5-625 as construction law; those sections govern food-product or commodity disparagement.
• Review the construction contract, warranty, arbitration clause, association documents, and project-specific law for any notice or cure procedure.

Implied Warranties:

• Habitability is limited to qualifying builder-vendor sales of new, previously uninhabited homes.
• Alabama continues to apply caveat emptor to used-home sales; do not assume a subsequent purchaser has the same implied-warranty claim.
• Review all express warranty, disclaimer, and notice language under Turner before asserting an implied warranty.

Contractor Licensing:

• Check coverage, monetary thresholds, roofing rules, and exemptions under Ala. Code Sections 34-14A-2 and 34-14A-6.
• A builder required to be licensed but unlicensed may not enforce the violating residential-building contract under Section 34-14A-14(d).
• Verify license status with Alabama Home Builders Licensure Board

Limitations and Repose:

• Confirm whether Article 13A applies to the defendant and improvement before using its two-year accrual rule or seven-year repose period.
• Do not treat Section 6-5-220(e)'s latent-damage discovery rule as a universal rule for every construction claim.
• A settlement demand does not itself guarantee tolling; obtain a written tolling agreement if needed.

SOURCES AND REFERENCES

• Alabama Legislature — current Code of Alabama portal
• Alabama Legislature — Article 32 table of contents for Sections 6-5-620 through 6-5-625
• Alabama Legislature — HB 198 enrolled / Act 2024-443 residential-code legislation
• Alabama Home Builders Licensure Board — Chapter 14A and current regulations, effective October 1 and November 14, 2025
• Alabama Home Builders Licensure Board — unlicensed builders
• Alabama Home Builders Licensure Board — Section 34-14A-6 exemptions
• Ala. Code Sections 6-5-220, 6-5-221, and 6-5-222 (2025 consolidated text)
• Ala. Code Sections 6-2-3, 6-2-34, and 6-2-38 (2025 consolidated text)
• Turner v. Westhampton Court, LLC, 903 So. 2d 82 (Ala. 2004)
• Cochran v. Keeton, 252 So. 2d 313 (Ala. 1971)
• Sims v. Lewis, 374 So. 2d 298 (Ala. 1979)
• Boackle v. Bedwell Construction Co., 770 So. 2d 1076 (Ala. 2000)

This template is for informational purposes only and does not constitute legal advice. Consult a licensed Alabama attorney before use.