Construction Defect Demand Letter - Mississippi

CONSTRUCTION DEFECT DEMAND LETTER

STATE OF MISSISSIPPI

NOTICE OF CONSTRUCTION DEFECTS

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

[DATE]

[CONTRACTOR/BUILDER NAME]
[ADDRESS]
[CITY, STATE ZIP]
Mississippi Contractor License No.: [LICENSE NUMBER]

Re: NOTICE OF CONSTRUCTION DEFECTS
Property Address: [PROPERTY ADDRESS]
Owner: [OWNER NAME]
Original Contract Date: [DATE]
Substantial Completion Date: [DATE]
Date Owner Learned of Each Defect: [DATE(S)]

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. MISSISSIPPI-SPECIFIC LEGAL FRAMEWORK

A. Purpose and Scope of This Notice

This notice provides an opportunity to inspect, discuss repair, and explore settlement. For an eligible new home, Miss. Code Ann. Section 83-58-7 requires the owner, before repairing the defect (other than work to minimize loss) or bringing a Section 83-58-17 action, to give the builder written notice by registered or certified mail within 90 days after learning of the defect and a reasonable opportunity to repair. The requested 30-day response period is a settlement request; it does not replace that statutory notice and repair opportunity. Counsel must check the contract, warranty, project type, parties, dates, and Section 83-58-9 before filing suit.

B. Statute of Limitations

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

The governing period and accrual date depend on the pleaded claim and facts. These periods do not replace the separate outside limit in Section 15-1-41 when that section applies.

C. Statute of Repose

Miss. Code Ann. Section 15-1-41 bars a covered action for personal or property injury arising from a deficiency in design, planning, construction supervision or observation, or construction of an improvement to real property more than six (6) years after the owner's written acceptance or actual occupancy or use, whichever occurs first. It applies to the persons or entities that performed or furnished the covered work. The section does not apply to a person or entity in actual possession and control of the improvement when the defective and unsafe condition causes injury, and it does not apply to wrongful-death actions. Counsel must analyze whether the claim, defendant, improvement, trigger, and exception fit the statute.

D. Warranty and Contract Classification

Do not assume that every project carries the same warranty or that every claimed component is governed by UCC Article 2. For a qualifying new residential home, the New Home Warranty Act, Miss. Code Ann. Sections 83-58-3 and 83-58-5, provides a one-year building-standards warranty and a six-year major-structural-defect warranty, subject to the Act's definitions and exclusions. Identify the owner, builder, home, warranty commencement and completion dates, contract and express warranties, nature of the transaction, and remedy sought. For other projects, confirm the applicable claim and warranty separately.

E. Contractor Licensing Requirements

Miss. Code Ann. Sections 73-59-1 and 73-59-3 and current Mississippi State Board of Contractors guidance require licensing for covered new residential construction over $50,000, residential remodeling or additions over $10,000, and residential roofing over $10,000. Covered construction managers, residential solar contractors, and residential electrical, plumbing, mechanical, and HVAC subcontractors also have licensing requirements described by the Board. Verify the contractor's classification, project scope, exemptions, and license status rather than relying only on the contract amount.

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:
☐ Applicable state or locally adopted building code
☐ Manufacturer's Installation Instructions
☐ Industry Standards (IRC, IBC, ASTM)
☐ Contract Specifications
☐ Express contract or warranty requirement
☐ Other claim confirmed by Mississippi counsel: [SPECIFY]

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. Additional Claim Confirmed by Counsel

[Identify any implied-warranty, negligence, code, statutory, or other theory only after Mississippi counsel confirms that the theory applies to the claimant, defendant, project, transaction, and requested remedy.]

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. For a claim covered by the New Home Warranty Act, this requested response date does not shorten the builder's reasonable opportunity to repair under Section 83-58-7.

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. If No Response Is Received

If no response is received, the Owner will evaluate available contractual, administrative, and judicial remedies with Mississippi counsel. This letter does not claim that silence automatically waives a defense or inspection opportunity or creates an adverse inference.

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

This is a good-faith preservation request. The availability of any evidentiary remedy depends on the governing law, the duty to preserve, the evidence, prejudice, and court findings.

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 evaluate the next steps after any applicable notice and repair opportunity.

Respectfully submitted,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
Mississippi 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]
Mississippi State Board of Contractors (if applicable)

MISSISSIPPI-SPECIFIC PRACTICE NOTES

• For a qualifying new home, calendar Section 83-58-7's 90-day notice period from knowledge of each defect, send notice by registered or certified mail, and allow a reasonable opportunity to repair. Treat the separate 30-day response request as voluntary.
• Calendar both the claim-specific limitation period and Section 15-1-41's separate outside limit when it applies; the repose trigger is not stated as substantial completion.
• Section 15-1-49(2)'s discovery rule is limited by its text to latent injury or disease. Do not convert it into a universal construction-defect discovery rule.
• Section 75-2-725 supplies a six-year period for a qualifying contract for sale. Classify mixed goods-and-services transactions before using it.
• Verify residential and commercial license classifications and current license status directly with the Mississippi State Board of Contractors.

SOURCES AND REFERENCES

• Mississippi Secretary of State, Mississippi Code public-access link: https://www.sos.ms.gov/publications-external-affairs/mississippi-law
• Public.Resource.Org, Official Code of Mississippi Annotated release 78, Title 83 (2020 baseline; check later enactments): https://unicourt.github.io/cic-code-ms/transforms/ms/ocms/r78/gov.ms.code.title.83.html#t83c58
• Miss. Code Ann. Section 15-1-29: https://law.justia.com/codes/mississippi/title-15/chapter-1/section-15-1-29/
• Miss. Code Ann. Section 15-1-41: https://law.justia.com/codes/mississippi/title-15/chapter-1/section-15-1-41/
• Miss. Code Ann. Section 15-1-49: https://law.justia.com/codes/mississippi/title-15/chapter-1/section-15-1-49/
• Miss. Code Ann. Section 75-2-725: https://law.justia.com/codes/mississippi/title-75/chapter-2/part-7/section-75-2-725/
• Mississippi State Board of Contractors, licensing FAQ: https://www.msboc.us/general-info/frequently-asked-questions/
• Mississippi State Board of Contractors, complaint process: https://www.msboc.us/general-info/file-a-complaint/

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