Construction Defect Demand Letter - Kansas

CONSTRUCTION DEFECT DEMAND LETTER

STATE OF KANSAS

NOTICE OF CONSTRUCTION DEFECTS

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

[DATE]

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

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. If this claim is covered by the Kansas Residential Construction Defect Act, this letter is intended to serve as the written initial notice of claim required by K.S.A. 60-4704(a). The claimed defects are described below in detail sufficient to identify their general nature.

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

I. KANSAS-SPECIFIC LEGAL FRAMEWORK

A. Construction Defect Claims in Kansas

Kansas has a statutory notice-and-opportunity-to-repair process for covered residential construction-defect claims. K.S.A. 60-4701 defines a covered "dwelling" to include a single-family house, duplex, or an individually titled condominium or cooperative unit, together with qualifying common areas and systems; manufactured homes are excluded. A covered defect may arise from defective materials, violation of codes applicable when the work was performed, or failure to meet accepted trade standards for good and workmanlike construction.

The Act does not apply to claims for personal injury or death or when the defect or damage is so substantial that the dwelling is not habitable. It also does not supersede express warranties, implied warranties, or other contract terms. K.S.A. 60-4703.

B. Statute of Limitations

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

The claim theory and accrual date control. For example, a written express warranty to repair may accrue when the builder refuses or fails to perform the promised repair. Hewitt v. Kirk's Remodeling & Custom Homes, Inc., No. 108,159 (Kan. Ct. App. Oct. 11, 2013). Counsel must analyze each claim, contract, warranty, discovery date, tolling rule, and defendant separately.

C. Statute of Repose

For claims listed in K.S.A. 60-513(a), subsection (b) provides that an action may not be commenced more than ten (10) years after the act giving rise to the claim. The statute does not state a universal substantial-completion trigger; identify the operative act and date for each claim.

D. Contract and Tort Theories

In David v. Hett, 293 Kan. 679, 270 P.3d 1102 (2011), the Kansas Supreme Court held that the economic loss doctrine does not categorically bar homeowners from seeking economic damages for negligently performed residential construction services. A residential-construction claim may sound in contract, tort, or both, depending on whether the asserted duty arises from the agreement or independently from law.

E. Codes, Registration, and Licensing

Identify the code actually adopted and in effect for the project location and date. Verify local contractor licensing and any applicable Kansas specialty registration or licensing, including roofing and licensed trades, rather than assuming one statewide rule applies to every contractor.

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

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:
☐ Code adopted by the applicable jurisdiction and in effect when work was performed
☐ Manufacturer's Installation Instructions
☐ Industry Standards (IRC, IBC, ASTM)
☐ Contract Specifications
☐ Implied Warranty of Workmanship
☐ Applicable express or implied warranty

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 Applicable Implied Warranty or Workmanlike-Performance Obligation

To the extent supported by the agreement and Kansas law, the work failed to satisfy an applicable implied warranty or the accepted trade standards for good and workmanlike construction identified in K.S.A. 60-4701(d)(3).

D. Negligence

To the extent an independent duty imposed by law applies, the facts may support a negligence claim under David v. Hett. The existence and scope of any independent duty must be evaluated for the parties and work at issue.

E. Violation of Applicable Codes

The work allegedly violates the following code provisions adopted by the applicable authority and in effect when the work was performed: [IDENTIFY EXACT CODE, EDITION, SECTION, AND ADOPTING JURISDICTION].

F. Kansas Consumer Protection Act, If Applicable

If this was a consumer transaction and the facts establish a deceptive act or practice, K.S.A. 50-626 and the remedies in K.S.A. 50-634 may apply. Do not assert this claim without identifying the qualifying transaction, supplier, representation or omission, and resulting loss.

VI. NOTICE AND OPPORTUNITY TO CURE

A. Request for Response

Under K.S.A. 60-4704(c), a covered contractor must serve a written response within 30 days after service of this notice. The statutory response must do one of the following:

1. Propose to inspect the dwelling;
2. Offer to remedy the alleged defect at no cost, describing the work and proposed start and completion dates;
3. Offer a monetary compromise without inspection, stating the amount and payment date; or
4. State that you dispute the claim and will neither remedy nor settle it.

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 statutory response, including all repair dates or payment terms required by K.S.A. 60-4704(c)
4. Any documentation supporting your position

C. Consequences of Non-Response

If you refuse service, dispute the claim, fail to respond within 30 days, fail to perform an offered repair on the stated timetable, or fail to make an offered payment on time, K.S.A. 60-4704(d) permits the Claimant to bring an action without further notice. A covered action filed without statutory notice may be dismissed without prejudice on a timely contractor motion under K.S.A. 60-4702(a).

VII. DEMAND FOR INSPECTION ACCESS

We hereby offer you the opportunity to propose an inspection under K.S.A. 60-4704(c)(1). If the Claimant accepts the proposal, the Claimant will serve notice of that election and provide access during normal working hours. K.S.A. 60-4704(f) requires the inspection to occur within 30 days after the Claimant's notification. To propose an inspection:

1. Contact our office in the written statutory response due within 30 days after service
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

This is a preservation request. Do not alter or destroy potentially relevant material. The availability of any evidentiary remedy is reserved for determination under the law and rules applicable to a later proceeding.

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 only if supported by contract or an applicable statute: $[AMOUNT]

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

X. CONCLUSION

Please serve the written response required by K.S.A. 60-4704(c) within 30 days after service of this notice. The Claimant reserves all rights following a statutory response, rejection, non-response, or other event addressed by K.S.A. 60-4702 through 60-4704.

Respectfully submitted,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
Kansas Supreme Court 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]

KANSAS-SPECIFIC PRACTICE NOTES

Covered Residential Claims:

• Confirm that the property is a "dwelling," the sender is a "claimant," and the recipient is a "contractor" under K.S.A. 60-4701.
• The Act excludes personal-injury, death, and uninhabitable-dwelling claims. K.S.A. 60-4703(a).
• "Service" means personal service or certified mail, return receipt requested, to the last known address. K.S.A. 60-4701(g).

Statutory Timeline:

• The contractor has 30 days after service for the initial response. K.S.A. 60-4704(c).
• If inspection is proposed and accepted, it must occur within 30 days after the Claimant's notice accepting access. K.S.A. 60-4704(f).
• The contractor then has 30 days after the inspection to serve a repair offer, monetary offer, or statement that it will not proceed. K.S.A. 60-4704(g).

Limitations and Tolling:

• Do not calculate a deadline from the template alone. Analyze each cause of action and accrual date under K.S.A. 60-511, 60-512, and 60-513.
• When limitations would otherwise expire during compliance, K.S.A. 60-4702(c) provides the specified 180-day tolling period. Confirm its trigger and endpoint before relying on it.

Contract and Tort Theories:

• David v. Hett, 293 Kan. 679, 270 P.3d 1102 (2011), overruled Prendiville's application of the economic loss doctrine to homeowner claims for negligently performed residential construction services.
• A tort theory still requires a duty imposed by law independent of the contract; the label "construction defect" does not establish that duty by itself.

Codes and Licensing:

• Identify the locally adopted code and edition in effect when the work occurred.
• Verify local licensing and state specialty requirements for the actual trade, including roofing where applicable.

Kansas Consumer Protection Act:

• K.S.A. 50-626 prohibits deceptive acts or practices in connection with consumer transactions.
• K.S.A. 50-634 supplies private remedies and permits attorney fees only under its stated prevailing-party conditions.

SOURCES AND REFERENCES

• Kansas Office of Revisor of Statutes — K.S.A. 60-4701
• Kansas Office of Revisor of Statutes — K.S.A. 60-4702
• Kansas Office of Revisor of Statutes — K.S.A. 60-4703
• Kansas Office of Revisor of Statutes — K.S.A. 60-4704
• Kansas Office of Revisor of Statutes — K.S.A. 60-511
• Kansas Office of Revisor of Statutes — K.S.A. 60-512
• Kansas Office of Revisor of Statutes — K.S.A. 60-513
• Kansas Office of Revisor of Statutes — K.S.A. 84-2-725
• Kansas Judicial Center — David v. Hett
• Kansas Judicial Center — Hewitt v. Kirk's Remodeling & Custom Homes, Inc.
• Kansas Office of Revisor of Statutes — K.S.A. 50-626
• Kansas Office of Revisor of Statutes — K.S.A. 50-634
• Kansas Department of Administration — code jurisdiction guidance
• Kansas Attorney General — roofing registration

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