Construction Defect Demand Letter - Delaware

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

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:

1. Implied Warranty of Habitability: Builders warrant new homes are fit for habitation. Gable v. Silver (Del. Super. 1972), 258 A.2d 277.

2. 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

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 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

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:

1. Inspect the Property: Contact our office to schedule an inspection within 30 days
2. Offer to Repair: Provide a written offer to repair defects
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. 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.