CONSTRUCTION DEFECT DEMAND LETTER
STATE OF DELAWARE
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND REGULAR FIRST-CLASS MAIL
[DATE]
[CONTRACTOR/BUILDER NAME]
[ADDRESS]
[CITY, STATE ZIP]
Delaware 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. DELAWARE-SPECIFIC LEGAL FRAMEWORK
A. Applicable Statutes
Delaware does not have a statutory "Right to Repair" act. Construction defect claims are governed by:
- 10 Del. C. Section 8106: General statute of limitations (3 years)
- 10 Del. C. Section 8127: Statute of repose for improvements to real property
- Common law warranty and negligence principles
B. Statute of Limitations
| Claim Type | Limitations Period | Authority |
|---|---|---|
| Contract | 3 years | 10 Del. C. Section 8106 |
| Negligence | 2 years | 10 Del. C. Section 8119 |
| Breach of Warranty | 4 years (UCC) | 6 Del. C. Section 2-725 |
C. Statute of Repose
10 Del. C. Section 8127 establishes a six (6) year statute of repose for improvements to real property:
- Runs from substantial completion
- Applies to architects, engineers, contractors, and others
- Provides absolute bar to claims after 6 years
D. Implied Warranties in Delaware
Delaware recognizes:
-
Implied Warranty of Habitability: Builders warrant new homes are fit for habitation. Gable v. Silver (Del. Super. 1972), 258 A.2d 277.
-
Implied Warranty of Workmanlike Construction: Work must be performed in a workmanlike manner.
E. Contractor Licensing
Delaware does not have statewide contractor licensing requirements, but some counties and municipalities require licensing. Verify local requirements.
II. PROPERTY AND PROJECT INFORMATION
A. Property Description
| Item | Details |
|---|---|
| Property Address | [COMPLETE ADDRESS] |
| County | [COUNTY], Delaware |
| 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] |
| License No. | [NUMBER] (if applicable) |
| 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 is a detailed description of each claimed construction defect:
DEFECT #1: [TITLE - e.g., WATER INTRUSION]
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:
[ ] Delaware Building Code (IRC as adopted)
[ ] 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 Delaware law, builders impliedly warrant that new homes are fit for habitation. Gable v. Silver, 258 A.2d 277 (Del. Super. 1972).
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 applicable building codes.
VI. OPPORTUNITY TO INSPECT AND CURE
We provide 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:
[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. CONCLUSION
Please respond within 30 days. Failure to respond will result in litigation.
Respectfully submitted,
[LAW FIRM NAME]
By: _________________________________
[ATTORNEY NAME]
Delaware 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]
DELAWARE-SPECIFIC PRACTICE NOTES
No Statewide Licensing:
- Delaware lacks statewide contractor licensing
- Check county/municipal requirements
- New Castle County requires some licensing
Short Statute of Repose:
- Only 6 years from substantial completion
- Act promptly on discovered defects
Implied Warranties:
- Recognized for new residential construction
- May extend to subsequent purchasers
- Economic loss doctrine may apply
Consumer Protection:
- Delaware Consumer Fraud Act may provide additional remedies
- Consider for egregious contractor misconduct
Common Delaware Defects:
- Water intrusion (coastal/humid climate)
- Foundation issues (high water table)
- Mold and moisture problems
- HVAC sizing issues
This template is for informational purposes only. Consult a licensed Delaware attorney before use.