Construction Defect Demand Letter - District of Columbia

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 generally applicable statutory construction-defect "right to repair" procedure. Potential claims and defenses depend on the contract, the type of loss, the parties' roles, and the property type. Authorities that may apply include:

• D.C. Code § 12-301: Limitations periods measured from accrual
• D.C. Code § 12-310: Ten-year outside limit for specified injury, property-damage, wrongful-death, contribution, and indemnity actions arising from defective improvements, subject to express exclusions
• D.C. Code §§ 28-3904 and 28-3905: Specific prohibited trade practices and CPPA remedies
• D.C. Code §§ 42-1903.16 and 42-1903.17: Condominium declarant's structural-defect warranty and its separate limitations rule
• Contract terms, express warranties, and District common law

B. Statute of Limitations

Do not assume the four-year Uniform Commercial Code period governs a construction-services contract merely because materials were supplied. Counsel must classify each claim, determine accrual, and evaluate any discovery, tolling, contractual-limitations, or warranty issue.

C. Statute of Repose

D.C. Code § 12-310 generally bars covered actions for personal injury, injury to real or personal property, wrongful death, contribution, or indemnity unless the injury (or the death or injury producing death) occurs within ten years after substantial completion. For this section, substantial completion is the earlier of first use or first availability for use after completion in accordance with the contract, including agreed changes.

The section is not an absolute ten-year bar on every construction claim. It expressly does not apply to:

• Actions based on express or implied contract
• Actions against a person who owned, possessed, or controlled the property when the condition caused injury or death
• Manufacturers or suppliers of installed equipment, machinery, or other articles
• Actions brought by the District government

D. Implied Warranties in D.C.

In a construction contract, District law may imply a warranty that the work will be performed in a skillful, careful, diligent, and workmanlike manner. Ehrenhaft v. Malcolm Price, Inc., 483 A.2d 1192 (D.C. 1984). The contract's express standards and warranty language must also be reviewed.

For condominiums, D.C. Code § 42-1903.16 provides a specific declarant warranty against structural defects in units and common elements for two years, with different start rules for units and portions of the common elements. Conversion-condominium and disclaimer rules are claim-specific. Under § 42-1903.17, a judicial, nonjudicial, regulatory, or administrative proceeding for breach of that statutory warranty must be commenced within five years after the applicable warranty period began. Counsel should also follow the claim, notice, and warranty-security provisions in § 42-1903.16.

E. D.C. Consumer Protection Procedures Act (CPPA)

Defective work alone should not be labeled a CPPA violation without matching the facts to a prohibited practice. D.C. Code § 28-3904 identifies practices including misrepresenting the quality or standard of services, misstating or omitting a material fact in a misleading way, representing that contracted-for services were supplied when they were not, and failing to provide a consumer a copy of an executed service contract.

If a consumer proves an actionable violation and satisfies the private-action requirements, § 28-3905(k) authorizes remedies that may include treble damages or $1,500 per violation, whichever is greater, reasonable attorney's fees, punitive damages, and injunctive relief. Section 28-3905(a) also provides that filing an administrative complaint with the Department tolls § 12-301 periods until the specified administrative endpoint. Plead only remedies supported by the facts and current law.

F. Contractor Licensing

The Department of Licensing and Consumer Protection (DLCP) lists separate Basic Business License activities for General Contractor/Construction Manager and Home Improvement Contractor. DLCP's current requirements for a Home Improvement Contractor include a home-improvement contract, a designated D.C.-licensed Home Improvement Salesperson, and a $25,000 surety bond, among other items. Verify the activity-specific license and status through SCOUT at https://scout.dlcp.dc.gov/.

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:

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

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 Workmanlike Construction

[If supported by the contract and facts:] The work was not performed in a skillful, careful, diligent, and workmanlike manner as recognized in Ehrenhaft v. Malcolm Price, Inc., 483 A.2d 1192 (D.C. 1984).

D. Condominium Structural-Defect Warranty

[If the claimant, property, defendant, defect, and timing fall within D.C. Code §§ 42-1903.16 and 42-1903.17:] The declarant breached the applicable statutory warranty against structural defects.

E. Negligence

[If an applicable duty and recoverable loss independent of the contract are established:] You breached the applicable standard of care, causing the documented damage.

F. Violation of D.C. Consumer Protection Procedures Act

[Use only if the evidence identifies a specific prohibited practice:] Your [MISREPRESENTATION / MATERIAL OMISSION / FALSE CLAIM THAT WORK WAS PERFORMED / FAILURE TO PROVIDE THE EXECUTED CONTRACT] constitutes a prohibited trade practice under D.C. Code § 28-3904[SUBSECTION].

VI. OPPORTUNITY TO INSPECT AND CURE

We provide you the opportunity to:

1. Inspect the Property: Contact our office within 30 days
2. Offer to Repair: Provide a written repair offer
3. Offer Settlement: Provide a written settlement offer
4. 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

If the documented facts establish a prohibited trade practice under D.C. Code § 28-3904 and satisfy the private-action requirements, the remedies in § 28-3905(k) may include treble damages or $1,500 per violation, whichever is greater, reasonable attorney's fees, punitive damages, and injunctive relief. This notice does not assert that defective work or a refusal to settle, standing alone, automatically establishes a CPPA violation.

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]
DLCP Consumer Protection Unit (if an applicable licensing or consumer-protection complaint is filed)

DISTRICT OF COLUMBIA PRACTICE NOTES

Consumer Protection Procedures Act:

• Identify the specific § 28-3904 practice and facts; do not equate every defect or contract breach with a CPPA violation
• Section 28-3905(k) supplies private remedies when its requirements are met
• Administrative filing under § 28-3905(a) tolls § 12-301 periods until the statutory endpoint

Contractor Licensing:

• Confirm whether the work requires the General Contractor/Construction Manager activity, the Home Improvement Contractor activity, or another trade credential
• Verify current status through DLCP's SCOUT system at https://scout.dlcp.dc.gov/
• Home Improvement Contractor applicants currently must provide a $25,000 bond and designate a licensed Home Improvement Salesperson

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
• For condominiums, analyze §§ 42-1903.16 and 42-1903.17 immediately, including unit/common-element start dates, the two-year warranty, the five-year proceeding deadline, conversion rules, notice, and warranty security
• Determine whether the unit owner or unit owners' association controls the claim

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.

Current Official Sources

• D.C. Code § 12-301 — Limitations periods
• D.C. Code § 12-310 — Defective improvements; ten-year outside limit and exclusions
• D.C. Code § 28:2-725 — Contracts for sale
• D.C. Code § 28-3904 — Prohibited trade practices
• D.C. Code § 28-3905 — CPPA procedures, tolling, and private remedies
• D.C. Code § 42-1903.16 — Condominium structural-defect warranty
• D.C. Code § 42-1903.17 — Limitations period for condominium warranties
• DLCP — Contractor and Construction Services licensing requirements
• DLCP — Business Licensing FAQs and SCOUT verification