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]

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. Construction Defect Claims in Mississippi

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

B. Statute of Limitations

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

C. Statute of Repose

Miss. Code Ann. Section 15-1-41 establishes a six (6) year statute of repose for actions against architects, engineers, and contractors for defective design or construction, running from substantial completion of the improvement.

D. Implied Warranties in Mississippi

Mississippi recognizes the following implied warranties in residential construction:

1. Implied Warranty of Habitability: Builders impliedly warrant that new homes are fit for habitation. Burns v. Washington Savings, 251 Miss. 789, 171 So.2d 322 (1965).

2. Implied Warranty of Workmanlike Construction: Construction must be performed in a workmanlike manner. Thomas v. Goza, 567 So.2d 228 (Miss. 1990).

E. Contractor Licensing Requirements

Under Miss. Code Ann. Section 73-59-1 et seq. (Residential Builder Licensing Law), residential builders must be licensed by the Mississippi State Board of Contractors for projects exceeding $50,000.

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:
[ ] Mississippi 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

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 Mississippi law, builders impliedly warrant that new homes are fit for habitation. Burns v. Washington Savings, 251 Miss. 789, 171 So.2d 322 (1965).

D. Breach of Implied Warranty of Workmanlike Construction

Under Mississippi law, construction must be performed in a workmanlike manner. Thomas v. Goza, 567 So.2d 228 (Miss. 1990).

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 Mississippi Building Code and/or local building codes.

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

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]
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

No Statutory Right to Repair:
- Mississippi 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
- Burns v. Washington Savings, 251 Miss. 789 (1965)
- Thomas v. Goza, 567 So.2d 228 (Miss. 1990)
- Must be within reasonable time from completion

Contractor Licensing:
- Residential builders licensed under Miss. Code Ann. Section 73-59-1 et seq.
- Applies to projects over $50,000
- Verify license with Mississippi State Board of Contractors
- Commercial contractors licensed under Section 31-3-21

Short Statute of Repose:
- 6-year repose period is relatively short
- Critical to file claims promptly after discovery
- Runs from substantial completion

Economic Loss Doctrine:
- Mississippi has recognized the economic loss doctrine
- State Farm Mut. Auto. Ins. Co. v. Ford Motor Co., 736 So.2d 384 (Miss. Ct. App. 1999)
- May limit tort claims for purely economic damages

Discovery Rule:
- Statute of limitations may be tolled until defect discovered
- Owens-Illinois, Inc. v. Edwards, 573 So.2d 704 (Miss. 1990)

Expert Witnesses:
- Expert testimony typically required for technical defects
- Miss. R. Evid. 702 governs expert qualifications

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