CONSTRUCTION DEFECT DEMAND LETTER
STATE OF MINNESOTA
NOTICE PURSUANT TO MINNESOTA RESIDENTIAL CONSTRUCTION DEFECT CLAIMS ACT
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND REGULAR FIRST-CLASS MAIL
[DATE]
[CONTRACTOR/BUILDER NAME]
[ADDRESS]
[CITY, STATE ZIP]
Minnesota Contractor License No.: [LICENSE NUMBER]
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 Minnesota Statutory Warranties and Residential Construction Defect Claims Act, Minnesota Statutes Section 327A.01 et seq., 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 MINNESOTA LAW. YOUR TIMELY RESPONSE IS REQUIRED.
I. MINNESOTA-SPECIFIC LEGAL FRAMEWORK
A. Minnesota Statutory Warranties Act
This notice is provided pursuant to Minn. Stat. Section 327A.01 et seq., which establishes statutory warranties for residential construction:
- One-year warranty: Defects caused by faulty workmanship and defective materials due to noncompliance with building standards
- Two-year warranty: Defects caused by faulty installation of plumbing, electrical, heating, and cooling systems
- Ten-year warranty: Major construction defects
B. Statute of Limitations
Minnesota law provides the following limitations periods for construction defect claims:
| Claim Type | Limitations Period | Authority |
|---|---|---|
| Contract | 6 years | Minn. Stat. Section 541.05 |
| Tort/Negligence | 6 years | Minn. Stat. Section 541.05 |
| Statutory Warranty | 2 years from breach or discovery | Minn. Stat. Section 327A.05 |
| Breach of Warranty (UCC) | 4 years | Minn. Stat. Section 336.2-725 |
C. Statute of Repose
Minn. Stat. Section 541.051 establishes a ten (10) year statute of repose for major construction defect claims, running from substantial completion of the construction.
D. Statutory Warranties in Minnesota
Minnesota provides the following statutory warranties under Minn. Stat. Section 327A.02:
-
One-Year Warranty: Against defects caused by faulty workmanship and defective materials due to noncompliance with building standards.
-
Two-Year Warranty: Against defects caused by faulty installation of plumbing, electrical, heating, and cooling systems.
-
Ten-Year Warranty: Against major construction defects (load-bearing portions, foundation, etc.).
E. Contractor Licensing Requirements
Under Minn. Stat. Section 326B.805 et seq., residential building contractors, remodelers, and roofers must be licensed by the Minnesota Department of Labor and Industry.
II. PROPERTY AND PROJECT INFORMATION
A. Property Description
| Item | Details |
|---|---|
| Property Address | [COMPLETE ADDRESS] |
| County | [COUNTY], Minnesota |
| 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] |
| MN Contractor License No. | [NUMBER] |
| Contract Date | [DATE] |
| Contract Amount | $[AMOUNT] |
| Substantial Completion | [DATE] |
| Final Completion | [DATE] |
| Warranty Period | [DESCRIBE] |
C. Parties Involved
General Contractor:
- Name: [NAME]
- License Number: [NUMBER]
- 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
Pursuant to Minn. Stat. Section 327A.02, 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]
Warranty Category:
[ ] One-Year (Workmanship/Materials)
[ ] Two-Year (Plumbing, Electrical, HVAC)
[ ] Ten-Year (Major Construction Defect)
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:
[ ] Minnesota Building Code
[ ] Manufacturer's Installation Instructions
[ ] Industry Standards (IRC, IBC, ASTM)
[ ] Contract Specifications
[ ] Statutory Warranty Standards
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 | Warranty Type | Est. Repair Cost | Related Damages |
|---|---|---|---|---|
| [DEFECT 1] | [LOCATION] | [1/2/10-year] | $[AMOUNT] | $[AMOUNT] |
| [DEFECT 2] | [LOCATION] | [1/2/10-year] | $[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 Statutory Warranties
You have breached the warranties required under Minn. Stat. Section 327A.02.
B. Breach of Contract
You failed to perform construction in accordance with the contract terms, plans, specifications, and applicable building codes.
C. Breach of Express Warranty
You provided express warranties regarding quality and durability of construction which you have breached.
D. Negligence
You owed a duty of care to perform construction in accordance with the applicable standard of care and breached that duty.
E. Violation of Building Codes
The construction violates the Minnesota Building Code and/or local building codes.
VI. STATUTORY NOTICE REQUIREMENTS
A. Your Rights Under Minnesota Law
Pursuant to Minn. Stat. Section 327A.05, upon receipt of this notice, you have the right to:
- Respond to Notice: Provide written response within 30 days of receiving this notice
- Inspect the Property: Request an inspection as part of your response
- 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 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. Pre-Suit Waiting Period
Minnesota law requires a 120-day waiting period from the date of notice before commencing litigation to allow for resolution of the claim.
D. Consequences of Non-Response
Failure to respond may result in:
- Owner proceeding to litigation after 120-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. 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 as required by Minnesota law. If we do not receive a satisfactory response within the 120-day statutory period, our client will proceed with litigation.
Respectfully submitted,
[LAW FIRM NAME]
By: _________________________________
[ATTORNEY NAME]
Minnesota 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]
Minnesota Department of Labor and Industry (if applicable)
MINNESOTA-SPECIFIC PRACTICE NOTES
Statutory Warranties (Minn. Stat. Section 327A.02):
- One-year warranty for workmanship/materials
- Two-year warranty for systems (plumbing, electrical, HVAC)
- Ten-year warranty for major construction defects
- Cannot be waived for residential construction
Major Construction Defect Definition:
- Minn. Stat. Section 327A.01 defines major construction defects
- Includes actual damage caused by moisture intrusion from exterior
- Includes structural failure of load-bearing portions
- Includes foundation or structural elements defects
Pre-Suit Notice Requirements:
- 120-day waiting period before litigation
- Contractor has opportunity to inspect and make offer
- Minn. Stat. Section 327A.05
Contractor Licensing:
- Builders must be licensed under Minn. Stat. Section 326B.805 et seq.
- Verify license with Minnesota DLI
- Specialty contractors (electrical, plumbing, HVAC) require additional licensing
Privity Not Required:
- Statutory warranties extend to subsequent purchasers
- Minn. Stat. Section 327A.02
- Warranty runs with the dwelling
Discovery Rule:
- Limitations period may be tolled until defect discovered
- Dalton v. Dow Chemical Co., 280 Minn. 147 (1968)
Climate Considerations:
- Minnesota's extreme weather creates unique construction challenges
- Ice damming, frost heave, and moisture issues common
- Expert testimony often critical on climate-related defects
This template is for informational purposes only and does not constitute legal advice. Consult a licensed Minnesota attorney before use.