CONSTRUCTION DEFECT DEMAND LETTER

STATE OF MICHIGAN

NOTICE OF CONSTRUCTION DEFECTS

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

[DATE]

[CONTRACTOR/BUILDER NAME]
[ADDRESS]
[CITY, STATE ZIP]
Michigan Residential Builder License No.: [LICENSE NUMBER]

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. MICHIGAN-SPECIFIC LEGAL FRAMEWORK

A. Construction Defect Claims in Michigan

While Michigan does not have a specific Right to Repair statute, construction defect claims are governed by the Michigan Compiled Laws and common law principles. This notice provides you with the opportunity to address the claimed defects before litigation.

B. Statute of Limitations

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

C. Statute of Repose

MCL 600.5839 establishes a six (6) year statute of repose for actions against contractors, architects, and engineers for defective design or construction, running from the time of occupancy, use, or acceptance of the improvement.

D. Implied Warranties in Michigan

Michigan recognizes the following implied warranties in residential construction:

1. Implied Warranty of Habitability: Builders impliedly warrant that new homes are fit for habitation. Weeks v. Slavick Builders, Inc., 24 Mich. App. 621, 180 N.W.2d 503 (1970).

2. Implied Warranty of Workmanlike Construction: Construction must be performed in a workmanlike manner. Rix v. General Motors Corp., 222 Mich. App. 183, 564 N.W.2d 157 (1997).

3. Implied Warranty Extends to Subsequent Purchasers: The warranty may extend to subsequent purchasers. Williams v. Polgar, 391 Mich. 6, 215 N.W.2d 149 (1974).

E. Contractor Licensing Requirements

Under MCL 339.2401 et seq. (Residential Builders Act), residential builders and maintenance and alteration contractors must be licensed by the Michigan Department of Licensing and Regulatory Affairs (LARA).

II. PROPERTY AND PROJECT INFORMATION

A. Property Description

B. Project Information

C. Parties Involved

General Contractor:
- Name: [NAME]
- License Number: [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:
[ ] Michigan Building Code (MCL 125.1501 et seq.)
[ ] 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 Michigan law, builders impliedly warrant that new homes are fit for habitation. Weeks v. Slavick Builders, Inc., 24 Mich. App. 621, 180 N.W.2d 503 (1970).

D. Breach of Implied Warranty of Workmanlike Construction

Under Michigan law, construction must be performed in a workmanlike manner. Rix v. General Motors Corp., 222 Mich. App. 183, 564 N.W.2d 157 (1997).

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 Michigan Building Code and/or local building codes.

G. Violation of Residential Builders Act

You may have violated the Michigan Residential Builders Act (MCL 339.2401 et seq.).

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
- Complaint to Michigan LARA

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]
Michigan 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]
Michigan LARA (if applicable)

MICHIGAN-SPECIFIC PRACTICE NOTES

No Statutory Right to Repair:
- Michigan 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
- Weeks v. Slavick Builders, Inc., 24 Mich. App. 621 (1970)
- Extends to subsequent purchasers
- Williams v. Polgar, 391 Mich. 6 (1974)

Residential Builders Act:
- Builders must be licensed under MCL 339.2401 et seq.
- Verify license with LARA
- Unlicensed work may not be enforceable
- Complaints may be filed with LARA

Short Statute of Repose:
- 6-year repose period runs from occupancy, use, or acceptance
- Critical to file claims promptly after discovery
- MCL 600.5839

Economic Loss Doctrine:
- Michigan applies the economic loss doctrine strictly
- Neibarger v. Universal Cooperatives, Inc., 439 Mich. 512 (1992)
- Negligence claims generally barred for economic loss only

Discovery Rule:
- Statute of limitations may be tolled until defect discovered
- Moll v. Abbott Laboratories, 444 Mich. 1 (1993)

Michigan Consumer Protection Act:
- MCL 445.901 et seq. may provide additional remedies
- But generally does not apply to licensed builders
- Smith v. Globe Life Ins. Co., 460 Mich. 446 (1999)

Expert Witnesses:
- Expert testimony typically required for technical defects
- MRE 702 governs expert qualifications

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