CONSTRUCTION DEFECT DEMAND LETTER

STATE OF IDAHO

NOTICE PURSUANT TO IDAHO NOTICE AND OPPORTUNITY TO REPAIR ACT

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND REGULAR FIRST-CLASS MAIL

[DATE]

[CONTRACTOR/BUILDER NAME]
[ADDRESS]
[CITY, STATE ZIP]
Idaho Contractor Registration No.: [REGISTRATION NUMBER]

Re: STATUTORY NOTICE OF CONSTRUCTION DEFECTS
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 pursuant to the Idaho Notice and Opportunity to Repair Act, Idaho Code Sections 6-2501 through 6-2504, and serves as the required pre-litigation notice providing you with the statutory opportunity to inspect, offer to repair, and/or settle this claim before litigation is commenced.

THIS IS A STATUTORY NOTICE REQUIRED UNDER IDAHO LAW. YOUR TIMELY RESPONSE IS REQUIRED WITHIN TWENTY-ONE (21) DAYS.

I. IDAHO-SPECIFIC LEGAL FRAMEWORK

A. Idaho Notice and Opportunity to Repair Act

This notice is provided pursuant to Idaho Code Sections 6-2501 et seq., Idaho's Notice and Opportunity to Repair Act, which establishes mandatory pre-litigation procedures for residential construction defect claims.

Under the Act:
- The claimant must provide written notice of claimed defects at least 90 days before filing suit
- The notice must describe each alleged construction defect with reasonable specificity
- The contractor has 21 days to respond and request an inspection
- After inspection, contractor has 14 days to make offer to repair, settle, or dispute
- Failure to comply with the notice requirements may bar or limit the action

B. Statute of Limitations

Idaho law provides the following limitations periods for construction defect claims:

C. Statute of Repose

Idaho Code Section 5-241 establishes a six (6) year statute of repose for actions arising out of improvement to real property, running from final completion of the improvement. Note: This is one of the shorter repose periods in the nation.

D. Implied Warranties in Idaho

Idaho recognizes the following implied warranties in residential construction:

1. Implied Warranty of Habitability: Builders impliedly warrant that new homes are fit for habitation. Tusch Enterprises v. Coffin, 113 Idaho 37, 740 P.2d 1022 (1987).

2. Implied Warranty of Workmanlike Construction: Construction must be performed in a workmanlike manner. Bethlahmy v. Bechtel, 91 Idaho 55, 415 P.2d 698 (1966).

E. Contractor Registration Requirements

Under Idaho Code Section 54-5201 et seq. (Contractor Registration Act), contractors must be registered with the Idaho Contractors Board. Unregistered contractors may face penalties and limitations on contract enforcement.

II. PROPERTY AND PROJECT INFORMATION

A. Property Description

B. Project Information

C. Parties Involved

General Contractor:
- Name: [NAME]
- Registration Number: [NUMBER]
- Address: [ADDRESS]
- Contact: [PHONE/EMAIL]

Subcontractors: (List all subcontractors whose work is believed defective)

III. DESCRIPTION OF DEFECTS

Pursuant to Idaho Code Section 6-2502, the following is a detailed description of each claimed construction defect:

DEFECT #1: [TITLE - e.g., FOUNDATION CRACKING]

Location: [Specific location within the property]

Description: [Detailed description of the defect, including how it manifests, when it was discovered, and any progression]

Building Components Affected:
[ ] Foundation/Slab [ ] Framing [ ] Roofing [ ] Exterior walls/Siding [ ] Windows/Doors
[ ] Plumbing [ ] Electrical [ ] HVAC [ ] Insulation [ ] Drywall/Interior finishes
[ ] Flooring [ ] Waterproofing [ ] Drainage [ ] Other: [SPECIFY]

Evidence Supporting Defect:
[Describe supporting evidence - expert reports, photographs, testing results, etc.]

Standards Violated:
[ ] Idaho Building Code
[ ] Manufacturer's Installation Instructions
[ ] Industry Standards (IRC, IBC, ASTM)
[ ] Contract Specifications
[ ] Implied Warranty of Workmanship
[ ] Implied Warranty of Habitability

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 the contract terms, plans, specifications, and applicable building codes.

B. Breach of Express Warranty

You provided express warranties regarding quality and durability of construction which you have breached.

C. Breach of Implied Warranty of Habitability

Under Idaho law, builders impliedly warrant that new homes are fit for habitation. Tusch Enterprises v. Coffin, 113 Idaho 37, 740 P.2d 1022 (1987).

D. Breach of Implied Warranty of Workmanlike Construction

Under Idaho law, construction must be performed in a workmanlike manner. Bethlahmy v. Bechtel, 91 Idaho 55, 415 P.2d 698 (1966).

E. Negligence

You owed a duty of care to perform construction in accordance with the applicable standard of care and breached that duty.

F. Violation of Building Codes

The construction violates the Idaho Building Code and/or local building codes.

VI. STATUTORY NOTICE REQUIREMENTS

A. Your Rights Under the Idaho Notice and Opportunity to Repair Act

Pursuant to Idaho Code Section 6-2502, upon receipt of this notice, you have the right to:

1. Respond to Notice: Provide written response within 21 days of receiving this notice
2. Inspect the Property: Request an inspection within the 21-day response period
3. Offer to Repair: Make a written offer to repair within 14 days after inspection
4. Offer Settlement: Make a written offer of monetary compensation
5. Dispute Claims: Deny responsibility for the claimed defects in writing

B. Response Deadline

Your written response is due within TWENTY-ONE (21) DAYS of receipt of this notice.

Your response should include:
1. Whether you accept or dispute the claimed defects
2. Whether you wish to inspect the property
3. Your offer, if any, to repair or compensate
4. Any documentation supporting your position

C. Consequences of Non-Response

Failure to respond within the statutory period may result in:
- Owner proceeding directly to litigation after 90-day waiting period
- Waiver of your right to inspect and repair
- Potential adverse inference at trial

VII. DEMAND FOR INSPECTION ACCESS

We hereby offer you the opportunity to inspect the property pursuant to the Idaho Notice and Opportunity to Repair Act. To schedule an inspection:

1. Contact our office in writing within 21 days
2. Propose inspection dates during reasonable business hours
3. Identify all persons who will attend
4. Identify any experts who will participate

Contact Information:
[LAW FIRM NAME]
[ADDRESS]
[PHONE]
[EMAIL]

VIII. PRESERVATION OF EVIDENCE

You are hereby directed to preserve all documents and materials relating to the construction, including:

• All contracts and subcontracts
• Plans, specifications, and drawings
• Inspection reports and quality control records
• Correspondence with owner and subcontractors
• Photographs taken during construction
• Daily logs and progress reports
• Warranties from manufacturers
• Insurance policies and certificates

Spoliation Warning: Failure to preserve evidence may result in adverse inference instructions and sanctions.

IX. SETTLEMENT DEMAND

To resolve this matter without litigation, we demand:

Option A - Repair by Contractor:
1. Complete repair of all identified defects within [NUMBER] days
2. All repairs warranted for minimum of [NUMBER] years
3. Payment of investigation and expert costs: $[AMOUNT]
4. Payment of attorney's fees incurred to date: $[AMOUNT]

Option B - Monetary Settlement:
Payment of $[AMOUNT] within 30 days.

X. CONCLUSION

Please respond in writing within 21 days of receipt of this notice as required by Idaho Code Section 6-2502. If we do not receive a timely response, or if the parties cannot reach resolution within the 90-day notice period, our client will proceed with litigation.

Respectfully submitted,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
Idaho State 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
[ ] Correspondence history

cc: [OWNER NAME]
[INSURANCE CARRIER]
Idaho Contractors Board (if applicable)

IDAHO-SPECIFIC PRACTICE NOTES

Notice and Opportunity to Repair Act (Idaho Code Sections 6-2501 et seq.):
- 90-day pre-suit notice required for residential construction
- Contractor has 21 days to respond and request inspection
- Contractor has 14 days after inspection to make written offer
- Failure to follow procedure may bar or limit claims
- Applies to single-family residences and townhouses

Implied Warranties:
- Warranty of habitability recognized for new residential construction
- Tusch Enterprises v. Coffin, 113 Idaho 37 (1987)
- May extend to subsequent purchasers

Contractor Registration:
- Contractors must be registered under Idaho Code Section 54-5201 et seq.
- Verify registration with Idaho Contractors Board
- Public works projects have additional requirements

Economic Loss Rule:
- Idaho applies the economic loss doctrine strictly
- Negligence claims may be barred when only economic damages involved
- Blahd v. Richard B. Smith, Inc., 141 Idaho 296 (2005)

Discovery Rule:
- Statute of limitations may be tolled until defect discovered
- Stephens v. Stearns, 106 Idaho 249 (1984)

Short Repose Period:
- 6-year repose is among shortest nationally
- Critical to file claims promptly after discovery
- Runs from final completion, not substantial completion

This template is for informational purposes only and does not constitute legal advice. Consult a licensed Idaho attorney before use.