CONSTRUCTION DEFECT DEMAND LETTER
DISTRICT OF COLUMBIA
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND REGULAR FIRST-CLASS MAIL
[DATE]
[CONTRACTOR/BUILDER NAME]
[ADDRESS]
[CITY, STATE ZIP]
D.C. Basic Business License 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. DISTRICT OF COLUMBIA-SPECIFIC LEGAL FRAMEWORK
A. Applicable Statutes
The District of Columbia does not have a statutory "Right to Repair" act. Claims are governed by:
- D.C. Code Section 12-301: Statute of limitations
- D.C. Code Section 12-310: Statute of repose for improvements
- D.C. Code Section 28-3901 et seq.: Consumer Protection Procedures Act (CPPA)
- Common law warranty and negligence principles
B. Statute of Limitations
| Claim Type | Limitations Period | Authority |
|---|---|---|
| Contract | 3 years | D.C. Code Section 12-301(7) |
| Negligence | 3 years | D.C. Code Section 12-301(8) |
| Breach of Warranty | 4 years (UCC) | D.C. Code Section 28:2-725 |
C. Statute of Repose
D.C. Code Section 12-310 establishes a ten (10) year statute of repose for improvements to real property:
- Runs from substantial completion
- Applies to architects, engineers, contractors
- Provides absolute bar to claims after 10 years
D. Implied Warranties in D.C.
The District of Columbia recognizes:
-
Implied Warranty of Habitability: Builders warrant new homes are fit for habitation.
-
Implied Warranty of Workmanlike Construction: Work must be performed in a workmanlike manner.
E. D.C. Consumer Protection Procedures Act (CPPA)
The CPPA (D.C. Code Section 28-3901 et seq.) provides:
- Protection against unfair trade practices
- Treble damages for violations
- Attorney's fees to prevailing consumers
- Applies to residential construction transactions
F. Contractor Licensing
Under D.C. regulations, contractors must obtain:
- Basic Business License
- Home Improvement License (for residential work)
- Verify at dcra.dc.gov
II. PROPERTY AND PROJECT INFORMATION
A. Property Description
| Item | Details |
|---|---|
| Property Address | [COMPLETE ADDRESS] |
| Ward | [WARD], District of Columbia |
| 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] |
| D.C. License No. | [NUMBER] |
| Contract Date | [DATE] |
| Contract Amount | $[AMOUNT] |
| Substantial 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] |
III. DESCRIPTION OF DEFECTS
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:
[ ] D.C. Construction Codes
[ ] Manufacturer's Installation Instructions
[ ] Industry Standards
[ ] 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 D.C. law, builders impliedly warrant that new homes are fit for habitation.
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 D.C. Consumer Protection Procedures Act
Your conduct constitutes an unfair or deceptive trade practice under D.C. Code Section 28-3904.
VI. OPPORTUNITY TO INSPECT AND CURE
We provide you the opportunity to:
- Inspect the Property: Contact our office within 30 days
- Offer to Repair: Provide a written repair offer
- Offer Settlement: Provide a written settlement offer
- Respond: Provide written response to these claims
Contact Information:
[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
- 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. CPPA WARNING
Please be advised that the D.C. Consumer Protection Procedures Act provides for treble damages and attorney's fees for unfair trade practices. Failure to address these defects in good faith may expose you to enhanced damages.
X. CONCLUSION
Please respond within 30 days. Failure to respond will result in litigation, including potential CPPA claims.
Respectfully submitted,
[LAW FIRM NAME]
By: _________________________________
[ATTORNEY NAME]
D.C. 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]
DCRA (if license violation)
DISTRICT OF COLUMBIA PRACTICE NOTES
Consumer Protection Procedures Act:
- Treble damages available
- Attorney's fees to prevailing consumer
- Applies to home improvement contracts
- Strong consumer protection law
Contractor Licensing:
- Home improvement contractors must be licensed
- Verify license at dcra.dc.gov
- Unlicensed work may void contract
Historic Properties:
- Many D.C. properties have historic designation
- Additional approvals may be required
- Consider historic preservation issues
Condo/Coop Considerations:
- D.C. has many condominiums and cooperatives
- HOA may have additional claims
- Consider unit owner vs. common element issues
Common D.C. Defects:
- Foundation issues (aging housing stock)
- Water intrusion (attached rowhouses)
- HVAC inadequacy
- Historic renovation issues
This template is for informational purposes only. Consult a licensed D.C. attorney before use.