CONSTRUCTION DEFECT DEMAND LETTER
STATE OF MAINE
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. 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. MAINE-SPECIFIC LEGAL FRAMEWORK
A. Construction Defect Claims in Maine
While Maine does not have a specific Right to Repair statute, construction defect claims are governed by the Maine Revised Statutes and common law principles. This notice provides you with the opportunity to address the claimed defects before litigation.
B. Statute of Limitations
Maine law provides the following limitations periods for construction defect claims:
| Claim Type | Limitations Period | Authority |
|---|---|---|
| Contract | 6 years | 14 M.R.S. Section 752 |
| Tort/Negligence | 6 years | 14 M.R.S. Section 752 |
| Property Damage | 6 years | 14 M.R.S. Section 752 |
| Breach of Warranty | 4 years (UCC) | 11 M.R.S. Section 2-725 |
C. Statute of Repose
14 M.R.S. Section 752-A establishes a ten (10) year statute of repose for actions against architects, engineers, surveyors, and contractors for deficiency in design, planning, supervision, or construction of improvements to real property, running from substantial completion of the improvement.
D. Implied Warranties in Maine
Maine recognizes the following implied warranties in residential construction:
-
Implied Warranty of Habitability: Builders impliedly warrant that new homes are fit for habitation. Banville v. Huckins, 407 A.2d 294 (Me. 1979).
-
Implied Warranty of Workmanlike Construction: Construction must be performed in a workmanlike manner. Featherman v. Teves, 653 A.2d 422 (Me. 1995).
E. Contractor Licensing
Maine does not have statewide general contractor licensing. However, electricians, plumbers, and oil and solid fuel technicians require state licensing. Local municipalities may have additional requirements.
II. PROPERTY AND PROJECT INFORMATION
A. Property Description
| Item | Details |
|---|---|
| Property Address | [COMPLETE ADDRESS] |
| County | [COUNTY], Maine |
| Property Type | [ ] Single-family home [ ] Condominium [ ] Townhouse [ ] Multi-family |
| Year Built | [YEAR] |
| Square Footage | [SQUARE FEET] |
| Current Owner(s) | [NAME(S)] |
| Date of Purchase | [DATE] |
| Purchase Price | $[AMOUNT] |
B. Project Information
| Item | Details |
|---|---|
| Project Type | [ ] New construction [ ] Remodel [ ] Addition [ ] Repair |
| General Contractor | [NAME] |
| Contract Date | [DATE] |
| Contract Amount | $[AMOUNT] |
| Substantial Completion | [DATE] |
| Final Completion | [DATE] |
| Warranty Period | [DESCRIBE] |
C. Parties Involved
General Contractor:
- Name: [NAME]
- Address: [ADDRESS]
- Contact: [PHONE/EMAIL]
Subcontractors: (List all subcontractors whose work is believed defective)
| Trade | Company Name | License No. | Work Performed |
|---|---|---|---|
| [TRADE] | [NAME] | [NUMBER] | [DESCRIPTION] |
| [TRADE] | [NAME] | [NUMBER] | [DESCRIPTION] |
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:
[ ] Maine Uniform Building and Energy 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
| Defect | Location | Est. Repair Cost | Related Damages |
|---|---|---|---|
| [DEFECT 1] | [LOCATION] | $[AMOUNT] | $[AMOUNT] |
| [DEFECT 2] | [LOCATION] | $[AMOUNT] | $[AMOUNT] |
| SUBTOTAL - Repair Costs | $[AMOUNT] | ||
| Consequential Damages | $[AMOUNT] | ||
| Expert/Investigation Costs | $[AMOUNT] | ||
| Temporary Housing | $[AMOUNT] | ||
| TOTAL ESTIMATED DAMAGES | $[AMOUNT] |
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 Maine law, builders impliedly warrant that new homes are fit for habitation. Banville v. Huckins, 407 A.2d 294 (Me. 1979).
D. Breach of Implied Warranty of Workmanlike Construction
Under Maine law, construction must be performed in a workmanlike manner. Featherman v. Teves, 653 A.2d 422 (Me. 1995).
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 Maine Uniform Building and Energy 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:
- Respond to Notice: Provide written response within 30 days of receiving this notice
- Inspect the Property: Request an inspection within a reasonable time
- Offer to Repair: Make a written offer to repair some or all defects
- Offer Settlement: Make a written offer of monetary compensation
- 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:
- Contact our office in writing within 30 days
- Propose inspection dates during reasonable business hours
- Identify all persons who will attend
- 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]
Maine 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]
MAINE-SPECIFIC PRACTICE NOTES
No Statutory Right to Repair:
- Maine does not have a specific Right to Repair statute
- Pre-suit notice is recommended as best practice
- Allows opportunity for early resolution
- May demonstrate good faith in litigation
Implied Warranties:
- Warranty of habitability recognized for new residential construction
- Banville v. Huckins, 407 A.2d 294 (Me. 1979)
- Extends to subsequent purchasers in some circumstances
- Must be within reasonable time from completion
Contractor Licensing:
- Maine does not have statewide general contractor licensing
- Electricians must be licensed under 32 M.R.S. Chapter 17
- Plumbers must be licensed under 32 M.R.S. Chapter 49
- Oil and solid fuel technicians licensed under 32 M.R.S. Chapter 139
- Verify local requirements
Maine Uniform Building and Energy Code:
- Adopted as 10 M.R.S. Chapter 1103
- Based on International Building Code
- Municipalities may enforce locally
Economic Loss Doctrine:
- Maine recognizes the economic loss doctrine
- Oceanside at Pine Point Condo. Owners Ass'n v. Peachtree Doors, 659 A.2d 267 (Me. 1995)
- Negligence claims may be limited when only economic damages involved
Discovery Rule:
- Statute of limitations may be tolled until defect discovered
- Harding v. Dow, 473 A.2d 420 (Me. 1984)
Climate Considerations:
- Maine's harsh winters create unique construction challenges
- Ice dams, frost heave, and moisture issues common
- Expert testimony often critical on climate-related defects
Unfair Trade Practices Act:
- 5 M.R.S. Chapter 10 may provide additional remedies
- Deceptive trade practices in construction may be actionable
This template is for informational purposes only and does not constitute legal advice. Consult a licensed Maine attorney before use.