CONSTRUCTION DEFECT DEMAND LETTER
STATE OF MONTANA
NOTICE OF CONSTRUCTION DEFECTS
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND REGULAR FIRST-CLASS MAIL
[DATE]
[CONTRACTOR/BUILDER NAME]
[ADDRESS]
[CITY, STATE ZIP]
Montana 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. MONTANA-SPECIFIC LEGAL FRAMEWORK
A. Construction Defect Claims in Montana
While Montana does not have a specific Right to Repair statute, construction defect claims are governed by the Montana Code Annotated and common law principles. This notice provides you with the opportunity to address the claimed defects before litigation.
B. Statute of Limitations
Montana law provides the following limitations periods for construction defect claims:
| Claim Type | Limitations Period | Authority |
|---|---|---|
| Written Contract | 8 years | MCA Section 27-2-202(1) |
| Oral Contract | 5 years | MCA Section 27-2-202(2) |
| Tort/Negligence | 3 years | MCA Section 27-2-204 |
| Property Damage | 3 years | MCA Section 27-2-207 |
| Breach of Warranty | 4 years (UCC) | MCA Section 30-2-725 |
C. Statute of Repose
MCA Section 27-2-208 establishes a ten (10) year statute of repose for actions against architects, engineers, and contractors for defective construction or design, running from substantial completion of the improvement or termination of services.
D. Implied Warranties in Montana
Montana recognizes the following implied warranties in residential construction:
-
Implied Warranty of Habitability: Builders impliedly warrant that new homes are fit for habitation. Chandler v. Madsen, 197 Mont. 234, 642 P.2d 1028 (1982).
-
Implied Warranty of Workmanlike Construction: Construction must be performed in a workmanlike manner consistent with professional standards. Crystal Lime & Cement Co. v. Robbins, 116 Mont. 573 (1945).
E. Contractor Licensing Requirements
Under MCA Section 37-71-101 et seq., construction contractors must be registered with the Montana Department of Labor and Industry.
II. PROPERTY AND PROJECT INFORMATION
A. Property Description
| Item | Details |
|---|---|
| Property Address | [COMPLETE ADDRESS] |
| County | [COUNTY], Montana |
| 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] |
| MT Contractor Registration No. | [NUMBER] |
| Contract Date | [DATE] |
| Contract Amount | $[AMOUNT] |
| Substantial Completion | [DATE] |
| Final Completion | [DATE] |
| Warranty Period | [DESCRIBE] |
C. Parties Involved
General Contractor:
- Name: [NAME]
- Registration Number: [NUMBER]
- Address: [ADDRESS]
- Contact: [PHONE/EMAIL]
Subcontractors: (List all subcontractors whose work is believed defective)
| Trade | Company Name | Registration No. | Work Performed |
|---|---|---|---|
| [TRADE] | [NAME] | [NUMBER] | [DESCRIPTION] |
| [TRADE] | [NAME] | [NUMBER] | [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:
[ ] Montana 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 Montana law, builders impliedly warrant that new homes are fit for habitation. Chandler v. Madsen, 197 Mont. 234, 642 P.2d 1028 (1982).
D. Breach of Implied Warranty of Workmanlike Construction
Under Montana law, construction must be performed in a workmanlike manner consistent with professional standards.
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 Montana 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:
- 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]
Montana State 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]
Montana Department of Labor and Industry (if applicable)
MONTANA-SPECIFIC PRACTICE NOTES
No Statutory Right to Repair:
- Montana 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
- Chandler v. Madsen, 197 Mont. 234 (1982)
- Extends to subsequent purchasers for reasonable period
Contractor Registration:
- Contractors must register under MCA Section 37-71-101 et seq.
- Verify registration with Montana Department of Labor and Industry
- Independent Contractor Exemption Certificates may be required
Long Limitations Periods:
- 8-year period for written contracts
- 10-year statute of repose
- Provides extended time to bring claims
Economic Loss Doctrine:
- Montana has recognized economic loss limitations
- Billings Clinic v. Peat Marwick Main & Co., 244 Mont. 324 (1990)
- May limit tort claims for purely economic damages
Discovery Rule:
- Statute of limitations may be tolled until defect discovered
- Christian v. Atlantic Richfield Co., 358 Mont. 495 (2010)
Climate Considerations:
- Montana's extreme climate creates unique construction challenges
- Freeze-thaw cycles, heavy snow loads, and dry conditions common
- Expert testimony often critical on climate-related defects
Montana Unfair Trade Practices Act:
- MCA Section 30-14-103
- May apply to construction transactions
- Additional remedies may be available
This template is for informational purposes only and does not constitute legal advice. Consult a licensed Montana attorney before use.