CONSTRUCTION DEFECT DEMAND LETTER

STATE OF ILLINOIS

NOTICE OF CONSTRUCTION DEFECTS

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

[DATE]

[CONTRACTOR/BUILDER NAME]
[ADDRESS]
[CITY, STATE ZIP]
Illinois Contractor License No.: [LICENSE NUMBER] (if applicable)

Re: 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 and serves as notice providing you with the opportunity to inspect, offer to repair, and/or settle this claim before litigation is commenced.

YOUR TIMELY RESPONSE IS REQUESTED WITHIN THIRTY (30) DAYS.

I. ILLINOIS-SPECIFIC LEGAL FRAMEWORK

A. Residential Construction Requirements

Illinois construction claims are governed by several statutory provisions, including the Home Repair and Remodeling Act (815 ILCS 513/1 et seq.) and the New Home Warranties provisions of the Illinois Residential Real Property Disclosure Act (765 ILCS 77/1 et seq.).

B. Statute of Limitations

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

C. Statute of Repose

735 ILCS 5/13-214 establishes the following repose periods:
- Four (4) years for actions against design professionals for construction-related claims
- Ten (10) years for latent defects involving injury to real or personal property
- Running from the act or omission that caused the injury

D. Implied Warranties in Illinois

Illinois recognizes the following implied warranties in residential construction:

1. Implied Warranty of Habitability: Builders impliedly warrant that new homes are fit for habitation. Petersen v. Hubschman Construction Co., 76 Ill.2d 31, 389 N.E.2d 1154 (1979).

2. Implied Warranty of Workmanlike Construction: Construction must be performed in a workmanlike manner. Redarowicz v. Ohlendorf, 92 Ill.2d 171, 441 N.E.2d 324 (1982).

3. Implied Warranty Extends to Subsequent Purchasers: Implied warranty may extend to subsequent purchasers. 1324 W. Pratt Condo. Ass'n v. Platt Construction Group, Inc., 404 Ill. App. 3d 611 (2010).

E. Home Repair and Remodeling Act

Under 815 ILCS 513/1 et seq., contractors performing home repair or remodeling must:
- Provide a written contract for work over $1,000
- Include specific disclosures and cancellation rights
- Comply with licensing requirements where applicable
- Violations may constitute consumer fraud

II. PROPERTY AND PROJECT INFORMATION

A. Property Description

B. Project Information

C. Parties Involved

General Contractor:
- Name: [NAME]
- License Number: [NUMBER] (if applicable)
- Address: [ADDRESS]
- Contact: [PHONE/EMAIL]

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

III. DESCRIPTION OF DEFECTS

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:
[ ] Illinois 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 Illinois law, builders impliedly warrant that new homes are fit for habitation. Petersen v. Hubschman Construction Co., 76 Ill.2d 31, 389 N.E.2d 1154 (1979).

D. Breach of Implied Warranty of Workmanlike Construction

Under Illinois law, construction must be performed in a workmanlike manner. Redarowicz v. Ohlendorf, 92 Ill.2d 171, 441 N.E.2d 324 (1982).

E. Negligence

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

F. Consumer Fraud

Violations of the Home Repair and Remodeling Act may constitute consumer fraud under the Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/1 et seq.).

G. Violation of Building Codes

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

VI. NOTICE AND OPPORTUNITY TO CURE

A. Request for Response

Upon receipt of this notice, you have the opportunity to:

1. Respond to Notice: Provide written response within 30 days of receiving this notice
2. Inspect the Property: Request an inspection within a reasonable time
3. Offer to Repair: Make a written offer to repair some or all defects
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 requested within THIRTY (30) 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 may result in:
- Owner proceeding directly to litigation
- 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. To schedule an inspection:

1. Contact our office in writing within 30 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 30 days of receipt of this notice. If we do not receive a timely response, our client will proceed with litigation without further notice.

Respectfully submitted,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
Illinois ARDC 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]
Illinois Department of Financial and Professional Regulation (if applicable)

ILLINOIS-SPECIFIC PRACTICE NOTES

Implied Warranties:
- Warranty of habitability recognized for new residential construction
- Extends to subsequent purchasers under Redarowicz v. Ohlendorf, 92 Ill.2d 171 (1982)
- Cannot be waived for latent defects in residential construction

Home Repair and Remodeling Act (815 ILCS 513/1 et seq.):
- Written contract required for work over $1,000
- Must include specific consumer disclosures
- Three-day right of rescission for door-to-door sales
- Violations may support Consumer Fraud Act claims

Contractor Licensing:
- Illinois does not have statewide contractor licensing
- Many municipalities require local licensing
- Verify local requirements for Chicago, suburbs, and other jurisdictions
- Roofing contractors require state registration (225 ILCS 335/)

Economic Loss Doctrine:
- Illinois applies the Moorman doctrine
- Tort claims generally barred when only economic damages involved
- Moorman Manufacturing Co. v. National Tank Co., 91 Ill.2d 69 (1982)
- Exceptions may apply for fraudulent misrepresentation

Condominium Claims:
- Special procedures for condominium association claims
- Illinois Condominium Property Act (765 ILCS 605/)
- Association has standing to pursue claims for common elements

Discovery Rule:
- Statute of limitations may be tolled until defect discovered or should have been discovered
- Knox College v. Celotex Corp., 88 Ill.2d 407 (1981)

Chicago-Specific Requirements:
- Chicago has its own building code and licensing requirements
- Municipal Code of Chicago, Title 4
- Additional consumer protections may apply

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