CONSTRUCTION DEFECT DEMAND LETTER

STATE OF INDIANA

NOTICE PURSUANT TO INDIANA RESIDENTIAL CONSTRUCTION NOTICE AND OPPORTUNITY TO CURE ACT

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

[DATE]

[CONTRACTOR/BUILDER NAME]
[ADDRESS]
[CITY, STATE ZIP]

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 Indiana Residential Construction Notice and Opportunity to Cure Act, Indiana Code 32-27-3, 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 INDIANA LAW. YOUR TIMELY RESPONSE IS REQUIRED WITHIN THIRTY (30) DAYS.

I. INDIANA-SPECIFIC LEGAL FRAMEWORK

A. Indiana Residential Construction Notice and Opportunity to Cure Act

This notice is provided pursuant to IC 32-27-3, Indiana's Notice and Opportunity to Cure 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
- The contractor has 30 days to respond with a written offer to inspect, repair, settle, or dispute
- Failure to comply with the notice requirements may bar or limit the action

B. Statute of Limitations

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

C. Statute of Repose

IC 32-30-1-5 establishes a ten (10) year statute of repose for actions against design professionals and contractors for deficiency in construction, running from substantial completion of the improvement.

D. Implied Warranties in Indiana

Indiana recognizes the following implied warranties in residential construction:

1. Implied Warranty of Habitability: Builders impliedly warrant that new homes are fit for habitation. Theis v. Heuer, 264 Ind. 1, 280 N.E.2d 300 (1972).

2. Implied Warranty of Workmanlike Construction: Construction must be performed in a workmanlike manner. Wagner Construction Co. v. Noonan, 403 N.E.2d 1144 (Ind. Ct. App. 1980).

3. Implied Warranty Extends to Subsequent Purchasers: The implied warranty extends to subsequent purchasers within a reasonable period. Barnes v. Mac Brown & Co., 264 Ind. 227, 342 N.E.2d 619 (1976).

E. Contractor Licensing

Indiana does not have statewide contractor licensing, but local municipalities may require licensing or registration. Many areas require permits and inspections.

II. PROPERTY AND PROJECT INFORMATION

A. Property Description

B. Project Information

C. Parties Involved

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

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

III. DESCRIPTION OF DEFECTS

Pursuant to IC 32-27-3-3, 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:
[ ] Indiana 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 Indiana law, builders impliedly warrant that new homes are fit for habitation. Theis v. Heuer, 264 Ind. 1, 280 N.E.2d 300 (1972).

D. Breach of Implied Warranty of Workmanlike Construction

Under Indiana law, construction must be performed in a workmanlike manner. Wagner Construction Co. v. Noonan, 403 N.E.2d 1144 (Ind. Ct. App. 1980).

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 applicable Indiana building codes and/or local building codes.

VI. STATUTORY NOTICE REQUIREMENTS

A. Your Rights Under the Indiana Notice and Opportunity to Cure Act

Pursuant to IC 32-27-3-4, upon receipt of this notice, you have the right to:

1. Respond to Notice: Provide written response within 30 days of receiving this notice
2. Inspect the Property: Request an inspection as part of your response
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 due 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 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 Indiana Notice and Opportunity to Cure Act. 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 as required by IC 32-27-3-4. 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]
Indiana Attorney 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]

INDIANA-SPECIFIC PRACTICE NOTES

Notice and Opportunity to Cure Act (IC 32-27-3):
- 90-day pre-suit notice required for residential construction
- Contractor has 30 days to respond with written offer
- Failure to follow procedure may limit or bar claims
- Applies to residential dwellings of four or fewer units

Implied Warranties:
- Warranty of habitability recognized for new residential construction
- Extends to subsequent purchasers within reasonable time
- Barnes v. Mac Brown & Co., 264 Ind. 227 (1976)
- Warranty is a warranty of reasonable workmanship

Contractor Licensing:
- Indiana does not have statewide contractor licensing
- Many municipalities require local licensing
- Verify local requirements for Indianapolis and other jurisdictions
- Specialty trades may require state licensing

Economic Loss Doctrine:
- Indiana applies the economic loss doctrine
- Tort claims may be limited when only economic damages involved
- Indianapolis-Marion County Public Library v. Charlier Clark & Linard, P.C., 929 N.E.2d 722 (Ind. 2010)

Home Improvement Contracts:
- Written contract required for home improvement work
- Consumer protection requirements apply
- IC 24-5-11 (Home Improvement Contract Act)

Discovery Rule:
- Statute of limitations may be tolled until defect discovered
- Wehling v. Citizens Nat'l Bank, 586 N.E.2d 840 (Ind. 1992)

Expert Witnesses:
- Expert testimony typically required to prove defect and causation
- Standards of care established by expert evidence

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