CONSTRUCTION DEFECT DEMAND LETTER

COMMONWEALTH OF MASSACHUSETTS

DEMAND PURSUANT TO M.G.L. CHAPTER 93A

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

[DATE]

[CONTRACTOR/BUILDER NAME]
[ADDRESS]
[CITY, STATE ZIP]
Massachusetts Construction Supervisor License No.: [LICENSE NUMBER]
Home Improvement Contractor Registration No.: [HIC NUMBER]

Re: CHAPTER 93A DEMAND AND 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 the demand letter required under Massachusetts General Laws Chapter 93A, Section 9 before commencing litigation.

THIS IS A STATUTORY DEMAND PURSUANT TO M.G.L. CHAPTER 93A. YOU MUST RESPOND IN WRITING WITHIN THIRTY (30) DAYS.

I. MASSACHUSETTS-SPECIFIC LEGAL FRAMEWORK

A. Chapter 93A Consumer Protection

This demand is made pursuant to M.G.L. c. 93A, the Massachusetts Consumer Protection Act. Under Section 9(3), this letter constitutes the required written demand identifying the claimant and reasonably describing the unfair or deceptive act or practice relied upon and the injury suffered.

Failure to respond reasonably within 30 days may result in multiple damages, attorneys' fees, and costs.

B. Statute of Limitations

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

C. Statute of Repose

M.G.L. c. 260 Section 2B establishes a six (6) year statute of repose for actions against architects, engineers, and contractors, running from substantial completion of the improvement or the date of the act or omission.

D. Implied Warranties in Massachusetts

Massachusetts recognizes the following implied warranties in residential construction:

1. Implied Warranty of Habitability: Builders impliedly warrant that new homes are fit for habitation. Albrecht v. Clifford, 436 Mass. 706, 767 N.E.2d 42 (2002).

2. Implied Warranty of Workmanlike Construction: Construction must be performed in a skillful and workmanlike manner. Berish v. Bornstein, 437 Mass. 252, 770 N.E.2d 961 (2002).

3. Implied Warranty of Good and Sufficient Materials: Builders warrant materials are of good quality and suitable.

E. Contractor Licensing Requirements

Massachusetts requires:
- Construction Supervisor License: Required for construction work under 780 CMR (Building Code)
- Home Improvement Contractor Registration: Required under M.G.L. c. 142A for home improvement work

II. PROPERTY AND PROJECT INFORMATION

A. Property Description

B. Project Information

C. Parties Involved

General Contractor:
- Name: [NAME]
- Construction Supervisor License No.: [NUMBER]
- HIC Registration No.: [NUMBER]
- 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:
[ ] Massachusetts Building Code (780 CMR)
[ ] 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 Massachusetts law, builders impliedly warrant that new homes are fit for habitation. Albrecht v. Clifford, 436 Mass. 706, 767 N.E.2d 42 (2002).

D. Breach of Implied Warranty of Workmanlike Construction

Under Massachusetts law, construction must be performed in a skillful and workmanlike manner. Berish v. Bornstein, 437 Mass. 252, 770 N.E.2d 961 (2002).

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 Chapter 93A

Your conduct constitutes unfair and deceptive trade practices in violation of M.G.L. c. 93A, including but not limited to:
- Failure to perform work in a workmanlike manner
- Misrepresentation of quality of work
- Failure to honor warranties
- Violation of HIC registration requirements

G. Violation of Building Codes

The construction violates the Massachusetts Building Code (780 CMR) and/or local building codes.

VI. CHAPTER 93A DEMAND

A. Statutory Requirements

Pursuant to M.G.L. c. 93A, Section 9(3), this letter constitutes written demand for relief identifying:

1. The Claimant: [OWNER NAME], owner of property at [PROPERTY ADDRESS]
2. The Unfair or Deceptive Acts: As described in Section V above
3. The Injury Suffered: Construction defects causing damages as described in Section IV above

B. Response Required

You are required to respond in writing within THIRTY (30) DAYS of receipt of this demand.

Your response should include:
1. A reasonable settlement offer, OR
2. A reasonable dispute of the claim with supporting documentation

C. Consequences of Failure to Respond

Pursuant to M.G.L. c. 93A, Section 9(3), if you fail to make a reasonable settlement offer within 30 days:
- You may be liable for double or treble damages
- You may be liable for attorneys' fees and costs
- Your failure to respond may be used as evidence of willful violation

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 demand as required by M.G.L. c. 93A, Section 9(3). If we do not receive a reasonable settlement offer, our client will proceed with litigation and seek multiple damages, attorneys' fees, and costs.

Respectfully submitted,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
Massachusetts BBO 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]
Office of Consumer Affairs (if applicable)

MASSACHUSETTS-SPECIFIC PRACTICE NOTES

Chapter 93A Demand Letter:
- Required 30 days before filing suit
- Must identify claimant, unfair acts, and injury
- Failure to make reasonable offer within 30 days may result in multiple damages
- Slaney v. Westwood Auto, Inc., 366 Mass. 688 (1975)

Implied Warranties:
- Warranty of habitability recognized for new residential construction
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Extends to subsequent purchasers
- Cannot be waived by contract

Contractor Licensing:
- Construction Supervisor License required under 780 CMR
- HIC Registration required under M.G.L. c. 142A
- Unlicensed work may not be enforceable
- Violation may support 93A claim

Short Statute of Repose:
- 6-year repose period is shorter than many states
- Critical to file claims promptly after discovery
- Runs from substantial completion

Economic Loss Doctrine:
- Massachusetts has recognized some negligence claims for economic loss
- Nota Construction Corp. v. Keyes Associates, 45 Mass. App. Ct. 15 (1998)
- Analysis depends on specific facts

Discovery Rule:
- Statute of limitations may be tolled until defect discovered
- Riley v. Presnell, 409 Mass. 239 (1991)

Condominium Claims:
- Special procedures for condominium association claims
- M.G.L. c. 183A
- Association has standing to pursue claims for common areas

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