Construction Defect Demand Letter - Missouri

CONSTRUCTION DEFECT DEMAND LETTER

STATE OF MISSOURI

NOTICE OF DEFECTS AND DEMAND FOR RESOLUTION

SENT BY TRACKABLE MAIL AND EMAIL IF AVAILABLE

[DATE]

[CONTRACTOR / BUILDER / DESIGN PROFESSIONAL NAME]
[ADDRESS]
[CITY, STATE ZIP]

Re: CONSTRUCTION DEFECT NOTICE AND DEMAND
Property Address: [PROPERTY ADDRESS]
Claimant: [OWNER NAME]
Contract Date: [DATE]
Completion / Occupancy Permit Date: [DATE]

Dear [RECIPIENT NAME]:

This firm represents [CLAIMANT NAME] regarding the defects and resulting loss described below. This letter gives notice, offers reasonable access for inspection, and requests repair or settlement.

A WRITTEN RESPONSE IS REQUESTED BY [DATE]. Unless counsel identifies a controlling contract, warranty, local ordinance, or claim-specific rule, this is a requested settlement deadline rather than a statutory 30-day cure period.

I. MISSOURI-SPECIFIC LEGAL FRAMEWORK

A. Claim-Specific Limitation Periods

Section 516.110 does not assign ten years to every contract merely because it is written. Its first category is an action on a writing for payment of money or property; its other categories concern specified deed covenants and relief not otherwise provided. Counsel must classify the actual promise and remedy.

For Chapter 516 claims, § 516.100 generally provides that accrual occurs when the resulting damage is sustained and capable of ascertainment, not simply when the wrong or technical breach occurs. If more than one item of damage exists, the statute addresses the last item so full relief may be obtained. Do not replace this text with a blanket “discovery rule”; fraud and other specially governed claims have their own rules.

B. Improvement-to-Real-Property Outside Period

Section 516.097 applies to an action for economic loss, personal injury, property damage, or wrongful death arising from a defective or unsafe condition of an improvement to real property, including contribution or indemnity, only against a person whose sole connection with the improvement is performing or furnishing design, planning, or construction, including architectural, engineering, or construction services.

For a claim within that scope, the action generally must be commenced within ten years after the improvement is completed. If an occupancy permit is issued, subsection 6 makes the permit date the beginning of the ten-year period.

The section is not an exception-free, universal construction bar:

1. it does not revive an action already barred by another law;
2. it does not apply when a person conceals a design, planning, or construction defect or deficiency that directly results in the defective or unsafe condition sued upon;
3. it does not limit an action against an owner or possessor of real estate or improvements on it; and
4. a covered person sued may commence a contribution or indemnity action within one year after the filing of that action notwithstanding the ordinary ten-year rule.

Record the recipient's exact connection to the improvement, the completion date, any occupancy-permit date, any alleged concealment, and all shorter limitation periods before relying on § 516.097.

C. Contract, Warranty, Code, and Licensing Review

Before asserting a defect, identify and attach the executed contract, plans, specifications, approved change orders, permits, inspection records, certificate or permit of occupancy, applicable local code edition, manufacturer instructions incorporated into the agreement, and each express warranty.

Do not label a condition a breach of an implied warranty, independent tort duty, statewide building code, or licensing law without Missouri-licensed counsel identifying current authority and the facts satisfying it. Contractor licensing and code administration can be local or trade-specific; verify the municipality, county, profession, trade, project type, and performance dates rather than inserting a generic statewide license number.

II. PROPERTY, PROJECT, AND PARTY INFORMATION

A. Parties

III. DESCRIPTION OF DEFECTS AND UNFINISHED WORK

ITEM NO. 1 — [TITLE]

Location: [SPECIFIC LOCATION]

Description and chronology:
[Describe the condition, manifestation, when damage became ascertainable, prior notice, progression, attempted repairs, and resulting loss.]

Affected components:
☐ Foundation / slab ☐ Framing ☐ Roof ☐ Exterior envelope ☐ Windows / doors
☐ Plumbing ☐ Electrical ☐ HVAC ☐ Insulation ☐ Interior finishes
☐ Waterproofing ☐ Drainage ☐ Other: [SPECIFY]

Verified standard allegedly breached:

☐ Contract provision: [SECTION]
☐ Plan or specification: [SHEET / DETAIL]
☐ Approved change order: [NUMBER / DATE]
☐ Express warranty: [SOURCE / TERM]
☐ Applicable local code: [JURISDICTION / EDITION / SECTION]
☐ Incorporated manufacturer instruction: [DOCUMENT / SECTION]
☐ Other verified Missouri duty: [AUTHORITY / FACTS]

Evidence:
☐ Photographs ☐ Expert report ☐ Test results ☐ Contract / plan / change order
☐ Permit / inspection record ☐ Estimate / invoice ☐ Correspondence ☐ Other: [SPECIFY]

Date first observed: [DATE]
Date damage was capable of ascertainment: [DATE / FACTS]
Estimated repair or completion cost: $[AMOUNT]
Other claimed loss: $[AMOUNT / BASIS]

ITEM NO. 2 — [TITLE]

[REPEAT THE FORMAT ABOVE FOR EACH ITEM]

IV. POTENTIAL LEGAL AND CONTRACTUAL BASES — SELECT AND CUSTOMIZE

A. Breach of Contract

[RECIPIENT] allegedly failed to perform [IDENTIFY CONTRACT, PLAN, SPECIFICATION, CHANGE ORDER, SCHEDULE, OR PAYMENT OBLIGATION] because [SPECIFIC FACTS]. Counsel has classified the claim under [§ 516.120(1) / § 516.110 / OTHER] because [ANALYSIS].

B. Breach of Express Warranty

The written warranty dated [DATE] states [QUOTE OR ACCURATE SUMMARY]. The identified condition allegedly breaches that term because [FACTS]. Counsel has identified the governing limitation and accrual rule: [AUTHORITY / DATE].

C. Tort or Other Noncontract Claim

☐ Counsel has identified an independent actionable duty, breach, causation, recoverable damage, § 516.100 accrual date, and applicable § 516.120 classification: [DETAILS].

D. Section 516.097 Analysis

☐ The condition is a defective or unsafe condition of an improvement to real property.
☐ The recipient's sole connection is covered design, planning, or construction service.
☐ The completion date is [DATE].
☐ An occupancy permit [WAS / WAS NOT] issued on [DATE].
☐ The action is not already barred by another provision.
☐ Concealment is [NOT ASSERTED / ASSERTED WITH FACTS].
☐ The owner-or-possessor exception is [APPLICABLE / INAPPLICABLE] because [FACTS].

E. Code, Licensing, or Consumer Claim

☐ Missouri-licensed counsel has identified the exact current state or local authority, claimant status, conduct, causation, remedies, and filing period: [DETAILS].

V. SUMMARY OF CLAIMED LOSS

Each amount must be supported under the selected contract, warranty, statutory, or tort theory. Listing an amount does not establish recoverability.

VI. INSPECTION AND RESPONSE

Claimant offers reasonable access for a non-destructive inspection, subject to advance scheduling, identification of attendees and proposed testing, and protection of the property.

Please respond in writing by [DATE] and state:

1. whether you accept, dispute, or require more information about each item;
2. whether you request an inspection and the proposed dates, attendees, and testing;
3. whether you offer repair, completion, payment, or another resolution;
4. the proposed scope, permits, personnel, schedule, quality controls, and warranty; and
5. the documents supporting your position.

Unless a controlling agreement or claim-specific rule provides otherwise, silence does not automatically establish liability, waive an inspection right, or create an adverse inference.

Scheduling contact: [NAME / ADDRESS / PHONE / EMAIL]

VII. PRESERVATION REQUEST

Please take reasonable steps to preserve potentially relevant evidence, including:

• contracts, change orders, plans, specifications, and express warranties;
• permits, inspections, code correspondence, and occupancy records;
• photographs, testing, daily logs, and quality-control records;
• communications with Claimant, design professionals, subcontractors, suppliers, insurers, and public officials;
• product data, installation instructions, invoices, and batch or serial information; and
• records of prior complaints, repairs, or proposed corrective work concerning the identified conditions.

This is a preservation request, not a prediction that a court will impose a particular sanction. Duties and remedies are proceeding- and fact-specific.

VIII. PROPOSED RESOLUTION

Option A — Repair or Completion

1. Written agreement on the corrective scope;
2. performance by qualified and, where required, properly licensed persons;
3. all required permits and inspections;
4. protection and restoration of the property;
5. agreed testing and completion criteria;
6. completion by [DATE];
7. written warranty for corrective work; and
8. payment of agreed investigation and related costs of $[AMOUNT].

Option B — Monetary Resolution

Payment of $[AMOUNT] by [DATE], subject to a negotiated signed settlement and release.

This demand does not waive any filing deadline, warranty, contract right, claim, defense, or remedy. No settlement exists unless reduced to a signed writing.

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]
[ATTORNEY NAME]
Missouri Bar No. [NUMBER]
[ADDRESS]
[TELEPHONE]
[EMAIL]

Attorney for [CLAIMANT NAME]

ENCLOSURES

☐ Defect photographs
☐ Expert or inspection report
☐ Repair or completion estimates
☐ Contract, plans, specifications, and change orders
☐ Permit, inspection, and occupancy records
☐ Relevant correspondence
☐ Other: [SPECIFY]

MISSOURI PRACTICE CHECKLIST

☐ Classified every claim under §§ 516.110 and 516.120 instead of assuming all written contracts receive ten years
☐ Calculated § 516.100 accrual from damage sustained and capable of ascertainment
☐ Applied any fraud or specially governed accrual rule separately
☐ Confirmed whether § 516.097's defendant, improvement, condition, and loss requirements are satisfied
☐ Recorded both the completion date and occupancy-permit date
☐ Reviewed the shorter-law, concealment, owner-or-possessor, and contribution exceptions
☐ Did not treat § 516.097 as a universal deadline for every contract, warranty, product, payment, or owner claim
☐ Identified the actual contract, express warranty, code edition, and local provisions
☐ Verified current state professional or trade licensing and local contractor requirements
☐ Removed unsupported implied-warranty cases and blanket economic-loss/discovery claims
☐ Removed unsupported mandatory-response, waiver, adverse-inference, and automatic-sanction threats
☐ Reviewed the final letter with Missouri-licensed counsel

SOURCES AND REFERENCES

• Mo. Rev. Stat. § 516.097
• Mo. Rev. Stat. § 516.100
• Mo. Rev. Stat. § 516.110
• Mo. Rev. Stat. § 516.120

This template is for informational purposes only and does not constitute legal advice. A Missouri-licensed attorney must review and customize it before use.