CONSTRUCTION DEFECT DEMAND LETTER
STATE OF ARKANSAS
NOTICE PURSUANT TO ARKANSAS RESIDENTIAL CONTRACTORS DEFECT CLAIMS PROCEDURE ACT
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND REGULAR FIRST-CLASS MAIL
[DATE]
[CONTRACTOR/BUILDER NAME]
[ADDRESS]
[CITY, STATE ZIP]
Arkansas 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 Arkansas Residential Contractors Defect Claims Procedure Act, Arkansas Code Annotated Sections 4-113-101 through 4-113-107, 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 ARKANSAS LAW. YOUR TIMELY RESPONSE IS REQUIRED WITHIN SIXTY (60) DAYS.
I. ARKANSAS-SPECIFIC LEGAL FRAMEWORK
A. Arkansas Residential Contractors Defect Claims Procedure Act
This notice is provided pursuant to Ark. Code Ann. Sections 4-113-101 to 4-113-107, which establishes mandatory pre-litigation procedures for residential construction defect claims:
Key Requirements:
- Ark. Code Ann. Section 4-113-104(a): Claimant must provide written notice at least 60 days before filing suit
- Ark. Code Ann. Section 4-113-104(b): Notice must describe each defect and location
- Ark. Code Ann. Section 4-113-104(c): Contractor may inspect within 30 days of notice
- Ark. Code Ann. Section 4-113-104(d): Contractor may offer repair within 14 days after inspection
B. Covered Defects
The Act applies to claims involving:
- Defects in design, construction, or repair of a dwelling
- Failure to construct in accordance with plans and specifications
- Failure to comply with building codes
C. Statute of Limitations
| Claim Type | Limitations Period | Authority |
|---|---|---|
| Written Contract | 5 years | Ark. Code Ann. Section 16-56-111 |
| Oral Contract | 3 years | Ark. Code Ann. Section 16-56-105 |
| Negligence | 3 years | Ark. Code Ann. Section 16-56-105 |
| Breach of Warranty | 4 years (UCC) | Ark. Code Ann. Section 4-2-725 |
D. Statute of Repose
Ark. Code Ann. Section 16-56-112 establishes a five (5) year statute of repose for construction claims:
- Runs from substantial completion of the improvement
- Applies to actions in contract or tort
- Actions must be commenced within 5 years regardless of discovery
E. Implied Warranties in Arkansas
Arkansas recognizes:
-
Implied Warranty of Habitability: Builders warrant new homes are fit for habitation. Wawak v. Stewart (Ark. 1981), 449 S.W.2d 922.
-
Implied Warranty of Workmanlike Construction: Work must be performed in a workmanlike manner.
F. Contractor Licensing
Under Ark. Code Ann. Section 17-25-101 et seq., residential contractors must be licensed by the Arkansas Contractors Licensing Board for projects over $2,000. Unlicensed contractors may be barred from recovering under contracts.
II. PROPERTY AND PROJECT INFORMATION
A. Property Description
| Item | Details |
|---|---|
| Property Address | [COMPLETE ADDRESS] |
| County | [COUNTY], Arkansas |
| 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] |
| AR 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:
| Trade | Company Name | License No. | Work Performed |
|---|---|---|---|
| [TRADE] | [NAME] | [NUMBER] | [DESCRIPTION] |
| [TRADE] | [NAME] | [NUMBER] | [DESCRIPTION] |
III. DESCRIPTION OF DEFECTS
Pursuant to Ark. Code Ann. Section 4-113-104(b), the following describes each claimed construction defect:
DEFECT #1: [TITLE - e.g., FOUNDATION SETTLEMENT]
Location: [Specific location within the property]
Description: [Detailed description of the defect]
Building Components Affected:
[ ] Foundation/Slab [ ] Framing [ ] Roofing [ ] Exterior walls/Siding [ ] Windows/Doors
[ ] Plumbing [ ] Electrical [ ] HVAC [ ] Insulation [ ] Drywall/Interior finishes
[ ] Flooring [ ] Waterproofing [ ] Drainage [ ] Other: [SPECIFY]
Standards Violated:
[ ] Arkansas Fire Prevention Code
[ ] Arkansas Residential Code
[ ] Manufacturer's Installation Instructions
[ ] Industry Standards (IRC, IBC, ASTM)
[ ] Contract Specifications
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 contract terms and building codes.
B. Breach of Express Warranty
You provided express warranties which you have breached.
C. Breach of Implied Warranty of Habitability
Under Arkansas law, builders impliedly warrant that new homes are fit for habitation. Wawak v. Stewart, 449 S.W.2d 922 (Ark. 1981).
D. Breach of Implied Warranty of Workmanlike Construction
Construction must be performed in a workmanlike manner.
E. Negligence
You owed a duty of care and breached that duty, causing damages.
F. Violation of Building Codes
The construction violates the Arkansas Fire Prevention Code and/or local building codes.
VI. STATUTORY NOTICE REQUIREMENTS
A. Your Rights Under Arkansas Law
Pursuant to Ark. Code Ann. Section 4-113-104, upon receipt of this notice:
- Inspection Right: You may inspect the property within 30 days of this notice
- Repair Offer: Within 14 days after inspection, you may offer to repair
- Settlement Offer: You may offer monetary settlement in lieu of repairs
- Dispute: You may dispute the claims with supporting reasons
B. Response Timeline
| Action | Deadline |
|---|---|
| Request inspection | 30 days from receipt of notice |
| Complete inspection | As scheduled |
| Offer repair or settlement | 14 days after inspection |
| Total pre-suit period | 60 days |
C. Consequences of Non-Response
Failure to respond within the statutory period will result in:
- Owner proceeding to litigation after 60 days
- Waiver of right to inspect and repair
- Potential adverse consequences at trial
VII. DEMAND FOR INSPECTION ACCESS
We offer access for inspection per Ark. Code Ann. Section 4-113-104(c). To schedule:
- Contact our office in writing within 30 days
- Propose inspection dates during reasonable hours
- Identify all persons who will attend
- Identify any experts participating
Contact Information:
[LAW FIRM NAME]
[ADDRESS]
[PHONE]
[EMAIL]
VIII. PRESERVATION OF EVIDENCE
Preserve all documents and materials relating to construction, including:
- All contracts and subcontracts
- Plans, specifications, and drawings
- Inspection reports
- All correspondence
- Construction photographs
- Daily logs and progress reports
- Warranties and insurance documents
Spoliation Warning: Failure to preserve evidence may result in adverse consequences.
IX. SETTLEMENT DEMAND
To resolve this matter without litigation:
Option A - Repair by Contractor:
1. Complete repair of all defects within [NUMBER] days
2. All repairs warranted for [NUMBER] years
3. Payment of investigation costs: $[AMOUNT]
4. Payment of attorney's fees: $[AMOUNT]
Option B - Monetary Settlement:
Payment of $[AMOUNT] within 30 days.
X. CONCLUSION
Please respond within 60 days as required by Ark. Code Ann. Section 4-113-104. Failure to respond will result in litigation.
Respectfully submitted,
[LAW FIRM NAME]
By: _________________________________
[ATTORNEY NAME]
Arkansas 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
cc: [OWNER NAME]
[INSURANCE CARRIER]
Arkansas Contractors Licensing Board (if applicable)
ARKANSAS-SPECIFIC PRACTICE NOTES
Pre-Suit Notice (Ark. Code Ann. Sections 4-113-101 to 4-113-107):
- 60-day notice required before filing suit
- Contractor has 30 days to request inspection
- Contractor has 14 days after inspection to offer repair
- Applies to residential dwellings only
Contractor Licensing:
- Required for projects over $2,000
- Verify license with Arkansas Contractors Licensing Board
- Unlicensed contractors may not recover on contracts
Short Statute of Repose:
- Only 5 years from substantial completion
- One of the shortest in the nation
- Critical to act promptly on discovered defects
Implied Warranties:
- Recognized for new residential construction
- May extend to subsequent purchasers
- Cannot be waived for latent defects
This template is for informational purposes only. Consult a licensed Arkansas attorney before use.