CONSTRUCTION DEFECT DEMAND LETTER
STATE OF CONNECTICUT
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND REGULAR FIRST-CLASS MAIL
[DATE]
[CONTRACTOR/BUILDER NAME]
[ADDRESS]
[CITY, STATE ZIP]
Connecticut Home Improvement Contractor Registration No.: [NUMBER]
Re: NOTICE OF CONSTRUCTION DEFECTS AND DEMAND
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 and demand for cure, providing you with the opportunity to inspect, offer to repair, and/or settle this claim before litigation is commenced.
I. CONNECTICUT-SPECIFIC LEGAL FRAMEWORK
A. Applicable Statutes
Connecticut does not have a comprehensive "Right to Repair" statute like some states. Construction defect claims are governed by:
- Conn. Gen. Stat. Section 52-576: Contract actions (6-year limitation)
- Conn. Gen. Stat. Section 52-577: Tort actions (3-year limitation)
- Conn. Gen. Stat. Section 52-584a: Design professional claims (7-year repose)
- Conn. Gen. Stat. Section 20-418 et seq.: Home Improvement Act
B. Statute of Limitations
| Claim Type | Limitations Period | Authority |
|---|---|---|
| Written Contract | 6 years | Conn. Gen. Stat. Section 52-576 |
| Negligence | 3 years from act | Conn. Gen. Stat. Section 52-577 |
| Breach of Warranty | 4 years (UCC) | Conn. Gen. Stat. Section 42a-2-725 |
| Design Professionals | 3 years from discovery | Conn. Gen. Stat. Section 52-584a |
C. Statute of Repose
Conn. Gen. Stat. Section 52-584a establishes:
- 7 years for claims against architects, engineers, and land surveyors
- Runs from substantial completion
- Does not apply to general contractors (common law applies)
D. Implied Warranties in Connecticut
Connecticut recognizes:
-
Implied Warranty of Habitability: Builders warrant new homes are fit for habitation. Elderkin v. Gaster (Conn. 1978), 382 A.2d 186.
-
Implied Warranty of Workmanlike Construction: Work must be performed in a workmanlike manner.
E. Home Improvement Act (Conn. Gen. Stat. Section 20-418 et seq.)
Critical Requirements:
- Contractors must be registered for home improvements
- Written contracts required for work over $200
- Specific contract provisions mandatory
- Unregistered contractors cannot recover for work performed
- Consumer protection remedies available
II. PROPERTY AND PROJECT INFORMATION
A. Property Description
| Item | Details |
|---|---|
| Property Address | [COMPLETE ADDRESS] |
| Town/City | [TOWN], Connecticut |
| 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] |
| CT HIC Registration No. | [NUMBER] |
| Contract Date | [DATE] |
| Contract Amount | $[AMOUNT] |
| Substantial Completion | [DATE] |
| Warranty Period | [DESCRIBE] |
C. Parties Involved
General Contractor:
- Name: [NAME]
- HIC Registration Number: [NUMBER]
- Address: [ADDRESS]
- Contact: [PHONE/EMAIL]
Subcontractors:
| Trade | Company Name | License/Reg. No. | Work Performed |
|---|---|---|---|
| [TRADE] | [NAME] | [NUMBER] | [DESCRIPTION] |
| [TRADE] | [NAME] | [NUMBER] | [DESCRIPTION] |
III. DESCRIPTION OF DEFECTS
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]
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:
[ ] Connecticut State Building 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] | ||
| TOTAL ESTIMATED DAMAGES | $[AMOUNT] |
V. LEGAL BASIS FOR CLAIMS
A. Breach of Contract
You failed to perform construction in accordance with contract terms and applicable building codes.
B. Breach of Express Warranty
You provided express warranties which you have breached.
C. Breach of Implied Warranty of Habitability
Under Connecticut law, builders impliedly warrant that new homes are fit for habitation. Elderkin v. Gaster, 382 A.2d 186 (Conn. 1978).
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 Home Improvement Act
[If applicable] You violated Conn. Gen. Stat. Section 20-418 et seq. by [specify violation].
G. Violation of Connecticut Unfair Trade Practices Act (CUTPA)
[If applicable] Your conduct violates CUTPA, Conn. Gen. Stat. Section 42-110a et seq.
VI. OPPORTUNITY TO INSPECT AND CURE
Although Connecticut does not have a mandatory pre-suit notice statute, we are providing you the opportunity to:
- Inspect the Property: Contact our office to schedule an inspection within 30 days
- Offer to Repair: Provide a written offer to repair defects
- Offer Settlement: Provide a written settlement offer
- Respond: Provide written response to these claims
Contact Information for Scheduling:
[LAW FIRM NAME]
[ADDRESS]
[PHONE]
[EMAIL]
VII. PRESERVATION OF EVIDENCE
Preserve all documents and materials relating to construction, including:
- All contracts and subcontracts
- Plans, specifications, and drawings
- Inspection reports and quality control records
- All correspondence
- Construction photographs
- Daily logs and progress reports
- Warranties and insurance documents
Spoliation Warning: Failure to preserve evidence may result in adverse consequences.
VIII. 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.
IX. CONCLUSION
Please respond within 30 days. Failure to respond will result in litigation, including potential claims under CUTPA which provides for punitive damages and attorney's fees.
Respectfully submitted,
[LAW FIRM NAME]
By: _________________________________
[ATTORNEY NAME]
Connecticut 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]
Connecticut Department of Consumer Protection (if applicable)
CONNECTICUT-SPECIFIC PRACTICE NOTES
Home Improvement Act (Conn. Gen. Stat. Section 20-418 et seq.):
- Registration required for home improvement contractors
- Written contract required for work over $200
- Specific contract terms required
- Violations may void contract and bar recovery by contractor
- Triple damages available for willful violations
CUTPA Claims:
- Connecticut Unfair Trade Practices Act provides additional remedies
- Punitive damages and attorney's fees available
- May apply to contractor misconduct
New Home Warranties:
- Implied warranty of habitability for new construction
- Extends to subsequent purchasers
- May be modified by express warranty
Design Professional Claims:
- 7-year statute of repose under Section 52-584a
- Certificate of merit may be required
Common Connecticut Defects:
- Water intrusion (weather exposure)
- Foundation issues (rocky soil, water table)
- Ice dam-related damage
- HVAC adequacy
This template is for informational purposes only. Consult a licensed Connecticut attorney before use.