CONSTRUCTION DEFECT DEMAND LETTER
STATE OF NEW YORK
NOTICE OF CONSTRUCTION DEFECTS
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND REGULAR FIRST-CLASS MAIL
[DATE]
[CONTRACTOR/BUILDER NAME]
[ADDRESS]
[CITY, STATE ZIP]
New York Home Improvement Contractor Registration No.: [REGISTRATION NUMBER] (if applicable)
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. NEW YORK-SPECIFIC LEGAL FRAMEWORK
A. Construction Defect Claims in New York
While New York does not have a specific Right to Repair statute, construction defect claims are governed by the Civil Practice Law and Rules (CPLR), the General Business Law, and common law principles. This notice provides you with the opportunity to address the claimed defects before litigation.
B. Statute of Limitations
New York law provides the following limitations periods for construction defect claims:
| Claim Type | Limitations Period | Authority |
|---|---|---|
| Contract | 6 years | CPLR Section 213(2) |
| Tort/Negligence | 3 years | CPLR Section 214(4) |
| Property Damage | 3 years | CPLR Section 214(4) |
| Breach of Warranty | 4 years (UCC) | N.Y. U.C.C. Section 2-725 |
| General Business Law 349 | 3 years | CPLR Section 214(2) |
C. Statute of Repose
New York does not have a statute of repose for construction defect claims. However, the "continuous representation doctrine" may toll the statute of limitations during ongoing professional relationships.
D. Implied Warranties in New York
New York recognizes the following warranties in residential construction:
-
Housing Merchant Implied Warranty: Under General Obligations Law Section 777-a, builders of new homes provide an implied warranty that the home is constructed in a skillful manner, free from material defects, and fit for habitation.
-
Implied Warranty of Workmanlike Construction: Construction must be performed in a workmanlike manner. 1515 Broadway Corp. v. Shaw Industries, 247 A.D.2d 261 (1st Dept. 1998).
-
Common Law Implied Warranty of Habitability: Caceci v. Di Canio Construction Corp., 72 N.Y.2d 52 (1988).
E. Contractor Registration Requirements
- New York City: Home improvement contractors must be licensed by the NYC Department of Consumer Affairs
- Nassau and Suffolk Counties (Long Island): Home improvement contractors must be licensed
- Westchester County: Home improvement contractors must be licensed
- Other jurisdictions: Local licensing may be required
II. PROPERTY AND PROJECT INFORMATION
A. Property Description
| Item | Details |
|---|---|
| Property Address | [COMPLETE ADDRESS] |
| County | [COUNTY], New York |
| Property Type | [ ] Single-family home [ ] Condominium [ ] Townhouse [ ] Multi-family [ ] Cooperative |
| 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] |
| License/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]
- License/Registration 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
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:
[ ] New York State Building Code
[ ] NYC Building Code (if applicable)
[ ] Manufacturer's Installation Instructions
[ ] Industry Standards (IRC, IBC, ASTM)
[ ] Contract Specifications
[ ] Housing Merchant Implied Warranty (GOL 777-a)
[ ] 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 Housing Merchant Implied Warranty
Under General Obligations Law Section 777-a, you impliedly warranted that the home is constructed in a skillful manner, free from material defects, and fit for habitation.
D. Breach of Implied Warranty of Habitability
Under New York common law, builders impliedly warrant that new homes are fit for habitation. Caceci v. Di Canio Construction Corp., 72 N.Y.2d 52 (1988).
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 General Business Law Section 349
Your conduct may constitute a deceptive business practice in violation of GBL Section 349.
G. Violation of Building Codes
The construction violates the New York State 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]
New York Bar Registration 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]
NYC Department of Consumer Affairs (if applicable)
NEW YORK-SPECIFIC PRACTICE NOTES
No Statutory Right to Repair:
- New York 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
Housing Merchant Implied Warranty (GOL Section 777-a):
- Applies to new homes
- 6-year warranty for material defects
- 2-year warranty for systems (plumbing, electrical, HVAC)
- 1-year warranty for workmanship
- Warranty runs with the property
No Statute of Repose:
- New York is one of few states without a construction statute of repose
- Continuous representation doctrine may toll limitations
- Claims may be brought for older construction
Contractor Licensing:
- NYC: DCA licensing required
- Long Island (Nassau/Suffolk): Licensing required
- Westchester: Licensing required
- Verify local requirements for other jurisdictions
General Business Law Section 349:
- Prohibits deceptive trade practices
- Private right of action available
- May recover attorney's fees
- Oswego Laborers' Local 214 Pension Fund v. Marine Midland Bank, 85 N.Y.2d 20 (1995)
Economic Loss Doctrine:
- New York recognizes the economic loss doctrine
- Sommer v. Federal Signal Corp., 79 N.Y.2d 540 (1992)
- Exceptions may apply for construction defects
Condominium/Cooperative Claims:
- Special procedures for common interest communities
- Board has standing for common element defects
- Martin Act may apply to sponsor defect claims
Discovery Rule:
- Accrual upon injury, not discovery
- Latent defects may have delayed discovery
- City of New York v. Lead Industries Ass'n, 222 A.D.2d 119 (1st Dept. 1996)
This template is for informational purposes only and does not constitute legal advice. Consult a licensed New York attorney before use.