CONSTRUCTION DEFECT DEMAND LETTER
STATE OF MISSOURI
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. MISSOURI-SPECIFIC LEGAL FRAMEWORK
A. Construction Defect Claims in Missouri
While Missouri does not have a specific Right to Repair statute, construction defect claims are governed by the Missouri Revised Statutes and common law principles. This notice provides you with the opportunity to address the claimed defects before litigation.
B. Statute of Limitations
Missouri law provides the following limitations periods for construction defect claims:
| Claim Type | Limitations Period | Authority |
|---|---|---|
| Written Contract | 10 years | Mo. Rev. Stat. Section 516.110(1) |
| Oral Contract | 5 years | Mo. Rev. Stat. Section 516.120 |
| Tort/Negligence | 5 years | Mo. Rev. Stat. Section 516.120 |
| Property Damage | 5 years | Mo. Rev. Stat. Section 516.120 |
| Breach of Warranty | 4 years (UCC) | Mo. Rev. Stat. Section 400.2-725 |
C. Statute of Repose
Mo. Rev. Stat. Section 516.097 establishes a ten (10) year statute of repose for actions for damages arising from deficiencies in design, planning, supervision, observation of construction, or construction of improvements to real property, running from substantial completion.
D. Implied Warranties in Missouri
Missouri recognizes the following implied warranties in residential construction:
-
Implied Warranty of Habitability: Builders impliedly warrant that new homes are fit for habitation. Crowne Investment, Inc. v. Bryant, 638 S.W.2d 345 (Mo. Ct. App. 1982).
-
Implied Warranty of Workmanlike Construction: Construction must be performed in a workmanlike manner. Rodriguez v. General Accident Insurance Co., 808 S.W.2d 379 (Mo. 1991).
E. Contractor Licensing
Missouri does not have statewide general contractor licensing. Some municipalities, including Kansas City and St. Louis, require local contractor licensing.
II. PROPERTY AND PROJECT INFORMATION
A. Property Description
| Item | Details |
|---|---|
| Property Address | [COMPLETE ADDRESS] |
| County | [COUNTY], Missouri |
| 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 | Work Performed |
|---|---|---|
| [TRADE] | [NAME] | [DESCRIPTION] |
| [TRADE] | [NAME] | [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:
[ ] Missouri Building 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 Missouri law, builders impliedly warrant that new homes are fit for habitation. Crowne Investment, Inc. v. Bryant, 638 S.W.2d 345 (Mo. Ct. App. 1982).
D. Breach of Implied Warranty of Workmanlike Construction
Under Missouri law, construction must be performed in a workmanlike manner. Rodriguez v. General Accident Insurance Co., 808 S.W.2d 379 (Mo. 1991).
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 applicable 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]
Missouri 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]
MISSOURI-SPECIFIC PRACTICE NOTES
No Statutory Right to Repair:
- Missouri 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
- Crowne Investment, Inc. v. Bryant, 638 S.W.2d 345 (Mo. Ct. App. 1982)
- Extends to subsequent purchasers
- Richelman v. Kewanee Machinery & Conveyor Co., 375 N.W.2d 17 (Mo. 1985)
No Statewide Contractor Licensing:
- Missouri does not have statewide general contractor licensing
- Kansas City requires licensing under KCMO Code
- St. Louis requires licensing
- Verify local requirements
Long Limitations Periods:
- 10-year period for written contracts
- 10-year statute of repose
- Provides extended time to bring claims
Economic Loss Doctrine:
- Missouri has adopted the economic loss doctrine
- Dannix Painting, LLC v. Conn-Selmer, Inc., 572 S.W.3d 53 (Mo. 2019)
- Tort claims may be limited for purely economic damages
Discovery Rule:
- Statute of limitations may be tolled until defect discovered
- Sheehan v. Sheehan, 901 S.W.2d 57 (Mo. 1995)
Missouri Merchandising Practices Act:
- Mo. Rev. Stat. Section 407.010 et seq.
- May apply to residential construction transactions
- Additional remedies may be available
This template is for informational purposes only and does not constitute legal advice. Consult a licensed Missouri attorney before use.