CONSTRUCTION DEFECT DEMAND LETTER
STATE OF ALABAMA
NOTICE PURSUANT TO ALABAMA RIGHT TO REPAIR ACT
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: STATUTORY NOTICE OF CONSTRUCTION DEFECTS
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" or "Claimant") regarding construction defects at the above-referenced property. This letter constitutes formal notice of construction defects pursuant to the Alabama Right to Repair Act, Alabama Code Sections 6-5-620 through 6-5-625, and serves as the required pre-litigation notice providing 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 ALABAMA LAW. YOUR TIMELY RESPONSE IS REQUIRED WITHIN SIXTY (60) DAYS.
I. ALABAMA-SPECIFIC LEGAL FRAMEWORK
A. Alabama Right to Repair Act
This notice is provided pursuant to Ala. Code Sections 6-5-620 et seq., Alabama's Right to Repair Act, which establishes mandatory pre-litigation procedures for residential construction defect claims.
Under the Act:
- The claimant must provide written notice of claimed defects at least 60 days before filing suit
- The notice must describe each alleged defect and the evidence supporting the defect
- The contractor has the right to inspect the property and offer repairs
- Failure to comply with the notice requirements may bar or limit the action
B. Statute of Limitations
Alabama law provides the following limitations periods for construction defect claims:
| Claim Type | Limitations Period | Authority |
|---|---|---|
| Breach of Contract | 6 years | Ala. Code Section 6-2-34 |
| Negligence/Tort | 2 years | Ala. Code Section 6-2-38 |
| Breach of Warranty | 4 years (UCC) | Ala. Code Section 7-2-725 |
| Fraud | 2 years from discovery | Ala. Code Section 6-2-3 |
C. Statute of Repose
Alabama Code Section 6-5-218 establishes a seven (7) year statute of repose for actions against architects, engineers, and builders, running from substantial completion of the improvement.
D. Implied Warranties in Alabama
Alabama recognizes the following implied warranties in residential construction:
-
Implied Warranty of Habitability: Builders impliedly warrant that new homes are fit for habitation. Cochran v. Keeton (Ala. 1979), 287 So.2d 439.
-
Implied Warranty of Workmanlike Construction: Construction must be performed in a workmanlike manner. McDonald v. Seale (Ala. 1981), 396 So.2d 1056.
E. Contractor Licensing Requirements
Under Ala. Code Section 34-8-1 et seq. (Home Builders Licensure Act), residential contractors must be licensed by the Alabama Home Builders Licensure Board. Unlicensed contractors may be barred from enforcing contracts and subject to penalties.
II. PROPERTY AND PROJECT INFORMATION
A. Property Description
| Item | Details |
|---|---|
| Property Address | [COMPLETE ADDRESS] |
| County | [COUNTY], Alabama |
| Property Type | [ ] Single-family home [ ] Condominium [ ] Townhouse [ ] Multi-family |
| Year Built | [YEAR] |
| Square Footage | [SQUARE FEET] |
| Current Owner(s) | [NAME(S)] |
| Date of Purchase | [DATE] |
| Purchase Price | $[AMOUNT] |
B. Project Information
| Item | Details |
|---|---|
| Project Type | [ ] New construction [ ] Remodel [ ] Addition [ ] Repair |
| General Contractor | [NAME] |
| AL Contractor License No. | [NUMBER] |
| Contract Date | [DATE] |
| Contract Amount | $[AMOUNT] |
| Substantial Completion | [DATE] |
| Final Completion | [DATE] |
| Warranty Period | [DESCRIBE] |
C. Parties Involved
General Contractor:
- Name: [NAME]
- License Number: [NUMBER]
- Address: [ADDRESS]
- Contact: [PHONE/EMAIL]
Subcontractors: (List all subcontractors whose work is believed defective)
| Trade | Company Name | License No. | Work Performed |
|---|---|---|---|
| [TRADE] | [NAME] | [NUMBER] | [DESCRIPTION] |
| [TRADE] | [NAME] | [NUMBER] | [DESCRIPTION] |
III. DESCRIPTION OF DEFECTS
Pursuant to Ala. Code Section 6-5-621, 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:
[ ] Alabama Building Code
[ ] 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
| Defect | Location | Est. Repair Cost | Related Damages |
|---|---|---|---|
| [DEFECT 1] | [LOCATION] | $[AMOUNT] | $[AMOUNT] |
| [DEFECT 2] | [LOCATION] | $[AMOUNT] | $[AMOUNT] |
| SUBTOTAL - Repair Costs | $[AMOUNT] | ||
| Consequential Damages | $[AMOUNT] | ||
| Expert/Investigation Costs | $[AMOUNT] | ||
| Temporary Housing | $[AMOUNT] | ||
| TOTAL ESTIMATED DAMAGES | $[AMOUNT] |
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
Under Alabama law, builders impliedly warrant that new homes are fit for habitation. Cochran v. Keeton, 287 So.2d 439 (Ala. 1979).
D. Breach of Implied Warranty of Workmanlike Construction
Under Alabama law, construction must be performed in a workmanlike manner. McDonald v. Seale, 396 So.2d 1056 (Ala. 1981).
E. Negligence
You owed a duty of care to perform construction in accordance with the applicable standard of care and breached that duty.
F. Violation of Building Codes
The construction violates the Alabama Building Code and/or local building codes.
VI. STATUTORY NOTICE REQUIREMENTS
A. Your Rights Under the Alabama Right to Repair Act
Pursuant to Ala. Code Section 6-5-622, upon receipt of this notice, you have the right to:
- Inspect the Property: Request an inspection within 30 days of receiving this notice
- Offer to Repair: Make a written offer to repair some or all defects within 60 days
- Offer Settlement: Make a written offer of monetary compensation
- Dispute Claims: Deny responsibility for the claimed defects
B. Response Deadline
Your written response is due within SIXTY (60) DAYS of receipt of this notice.
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. Consequences of Non-Response
Failure to respond within the statutory period may result in:
- Owner proceeding directly to litigation
- Waiver of your right to inspect and repair
- Potential adverse inference at trial
VII. DEMAND FOR INSPECTION ACCESS
We hereby offer you the opportunity to inspect the property pursuant to the Alabama Right to Repair Act. To schedule an inspection:
- Contact our office in writing within 30 days
- Propose inspection dates during reasonable business hours
- Identify all persons who will attend
- 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
Spoliation Warning: Failure to preserve evidence may result in adverse inference instructions and sanctions.
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 incurred to date: $[AMOUNT]
Option B - Monetary Settlement:
Payment of $[AMOUNT] within 30 days.
X. CONCLUSION
Please respond in writing within 60 days of receipt of this notice as required by Ala. Code Section 6-5-621. If we do not receive a timely response, our client will proceed with litigation without further notice.
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
Right to Repair Act (Ala. Code Sections 6-5-620 et seq.):
- 60-day pre-suit notice required for residential construction
- Contractor has 30 days to request inspection after notice
- Contractor has 60 days to respond with repair offer
- Failure to follow procedure may limit or bar claims
Implied Warranties:
- Warranty of habitability recognized for new residential construction
- Extends to subsequent purchasers within reasonable time
- Cannot be waived for latent defects in residential construction
Contractor Licensing:
- Home builders must be licensed under Ala. Code Section 34-8-1 et seq.
- Unlicensed contractors may not enforce contracts
- Verify license status with Alabama Home Builders Licensure Board
Discovery Rule:
- Statute of limitations may be tolled until defect discovered or should have been discovered
- Foremost Ins. Co. v. Parham, 693 So.2d 409 (Ala. 1997)
This template is for informational purposes only and does not constitute legal advice. Consult a licensed Alabama attorney before use.