CONSTRUCTION DEFECT DEMAND LETTER
STATE OF NEW MEXICO
NOTICE PURSUANT TO NEW MEXICO RIGHT TO REPAIR ACT
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND REGULAR FIRST-CLASS MAIL
[DATE]
[CONTRACTOR/BUILDER NAME]
[ADDRESS]
[CITY, STATE ZIP]
New Mexico Contractor License No.: [LICENSE NUMBER]
Re: STATUTORY NOTICE OF CONSTRUCTION DEFECTS PURSUANT TO NMSA 1978, SECTION 47-14-4
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 pursuant to the New Mexico Right to Repair Act, NMSA 1978, Sections 47-14-1 through 47-14-9, and serves as the required pre-litigation notice providing you with the statutory opportunity to inspect, offer to repair, and/or settle this claim before litigation is commenced.
THIS IS A STATUTORY NOTICE REQUIRED UNDER NEW MEXICO LAW. YOUR TIMELY RESPONSE IS REQUIRED WITHIN THIRTY (30) DAYS.
I. NEW MEXICO-SPECIFIC LEGAL FRAMEWORK
A. New Mexico Right to Repair Act
This notice is provided pursuant to NMSA 1978, Sections 47-14-1 et seq., New Mexico's Right to Repair Act, which establishes mandatory pre-litigation procedures for construction defect claims.
Under the Act:
- The claimant must provide written notice of claimed defects at least 75 days before filing suit
- The notice must describe each alleged construction defect
- The contractor has 30 days to respond and request an inspection
- After inspection, contractor has 15 days to make offer to repair, settle, or dispute
- Failure to comply with the notice requirements may affect the action
B. Statute of Limitations
New Mexico law provides the following limitations periods for construction defect claims:
| Claim Type | Limitations Period | Authority |
|---|---|---|
| Written Contract | 6 years | NMSA 1978, Section 37-1-3 |
| Oral Contract | 4 years | NMSA 1978, Section 37-1-4 |
| Tort/Negligence | 4 years | NMSA 1978, Section 37-1-4 |
| Property Damage | 4 years | NMSA 1978, Section 37-1-4 |
| Breach of Warranty | 4 years (UCC) | NMSA 1978, Section 55-2-725 |
C. Statute of Repose
NMSA 1978, Section 37-1-27 establishes a ten (10) year statute of repose for actions against architects, engineers, and contractors for defective construction, running from substantial completion of the improvement.
D. Implied Warranties in New Mexico
New Mexico recognizes the following implied warranties in residential construction:
-
Implied Warranty of Habitability: Builders impliedly warrant that new homes are fit for habitation. M. Miller Co. v. Central Contra Costa Sanitary District, 1961-NMSC-033.
-
Implied Warranty of Workmanlike Construction: Construction must be performed in a workmanlike manner. Kellogg v. Shushereba, 2013-NMCA-057.
E. Contractor Licensing Requirements
Under NMSA 1978, Section 60-13-1 et seq. (Construction Industries Licensing Act), contractors must be licensed by the New Mexico Regulation and Licensing Department, Construction Industries Division.
II. PROPERTY AND PROJECT INFORMATION
A. Property Description
| Item | Details |
|---|---|
| Property Address | [COMPLETE ADDRESS] |
| County | [COUNTY], New Mexico |
| 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] |
| NM Contractor License No. | [NUMBER] |
| Contract Date | [DATE] |
| Contract Amount | $[AMOUNT] |
| Substantial Completion | [DATE] |
| Final Completion | [DATE] |
| Warranty Period | [DESCRIBE] |
C. Parties Involved
General Contractor:
- Name: [NAME]
- License Number: [NUMBER]
- Address: [ADDRESS]
- Contact: [PHONE/EMAIL]
Subcontractors: (List all subcontractors whose work is believed defective)
| Trade | Company Name | License No. | Work Performed |
|---|---|---|---|
| [TRADE] | [NAME] | [NUMBER] | [DESCRIPTION] |
| [TRADE] | [NAME] | [NUMBER] | [DESCRIPTION] |
III. DESCRIPTION OF DEFECTS
Pursuant to NMSA 1978, Section 47-14-4, 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 [ ] Stucco/Adobe [ ] Other: [SPECIFY]
Evidence Supporting Defect:
[Describe supporting evidence - expert reports, photographs, testing results, etc.]
Standards Violated:
[ ] New Mexico 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 New Mexico law, builders impliedly warrant that new homes are fit for habitation.
D. Breach of Implied Warranty of Workmanlike Construction
Under New Mexico law, construction must be performed in a workmanlike manner. Kellogg v. Shushereba, 2013-NMCA-057.
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 New Mexico Building Code and/or local building codes.
VI. STATUTORY NOTICE REQUIREMENTS
A. Your Rights Under the New Mexico Right to Repair Act
Pursuant to NMSA 1978, Section 47-14-5, upon receipt of this notice, you have the right to:
- Respond to Notice: Provide written response within 30 days of receiving this notice
- Inspect the Property: Request an inspection within the 30-day response period
- Offer to Repair: Make a written offer to repair within 15 days after inspection
- 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 due 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. Pre-Suit Waiting Period
New Mexico law requires a 75-day waiting period from the date of this notice before commencing litigation (NMSA 1978, Section 47-14-4).
D. Consequences of Non-Response
Failure to respond within the statutory period may result in:
- Owner proceeding to litigation after 75-day waiting period
- 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 pursuant to the New Mexico Right to Repair Act. 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 as required by NMSA 1978, Section 47-14-5. If we do not receive a timely response, or if the parties cannot reach resolution within the 75-day notice period, our client will proceed with litigation.
Respectfully submitted,
[LAW FIRM NAME]
By: _________________________________
[ATTORNEY NAME]
New Mexico 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]
NM Construction Industries Division (if applicable)
NEW MEXICO-SPECIFIC PRACTICE NOTES
Right to Repair Act (NMSA 1978, Sections 47-14-1 et seq.):
- 75-day pre-suit notice required
- Contractor has 30 days to respond and request inspection
- Contractor has 15 days after inspection to make offer
- Failure to follow procedure may affect claims
- Applies to residential construction
Implied Warranties:
- Warranty of habitability recognized
- Kellogg v. Shushereba, 2013-NMCA-057
- May extend to subsequent purchasers
- Must be within reasonable time from completion
Contractor Licensing:
- Construction Industries Licensing Act (NMSA 1978, Section 60-13-1 et seq.)
- Verify license with NM Construction Industries Division
- Different classifications for different types of work
- Unlicensed contracting may be unenforceable
10-Year Statute of Repose:
- Runs from substantial completion
- NMSA 1978, Section 37-1-27
- Discovery rule may apply
Economic Loss Doctrine:
- New Mexico recognizes the economic loss doctrine
- Spectron Development Laboratory v. American Hollow Boring Co., 1997-NMCA-025
- May limit tort claims for purely economic damages
Discovery Rule:
- Statute of limitations may be tolled until defect discovered
- Roberts v. Sw. Cmty. Health Servs., 1992-NMSC-042
New Mexico Unfair Practices Act:
- NMSA 1978, Section 57-12-1 et seq.
- May apply to construction transactions
- Additional remedies may be available
Regional Construction Issues:
- Adobe and stucco construction common
- High altitude and UV exposure concerns
- Soil conditions vary significantly by region
This template is for informational purposes only and does not constitute legal advice. Consult a licensed New Mexico attorney before use.