CONSTRUCTION DEFECT DEMAND LETTER

STATE OF OHIO

NOTICE OF CONSTRUCTION DEFECTS AND DEMAND FOR RELIEF

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

[DATE]

[CONTRACTOR/BUILDER NAME]
[ADDRESS]
[CITY, STATE ZIP]
Ohio 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 a demand for repair or compensation before litigation is commenced.

PLEASE TREAT THIS LETTER AS A FORMAL DEMAND. A TIMELY RESPONSE IS REQUESTED WITHIN THIRTY (30) DAYS.

I. OHIO-SPECIFIC LEGAL FRAMEWORK

A. Ohio Construction Law

Ohio law provides comprehensive remedies for construction defects through both statutory and common law. The Ohio Construction Industry Licensing Board (OCILB) under O.R.C. Chapter 4740 governs contractor licensing for certain trades.

B. Statute of Limitations

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

C. Statute of Repose

O.R.C. Section 2305.131 establishes a ten (10) year statute of repose for improvements to real property, running from substantial completion of the improvement.

D. Implied Warranties in Ohio

Ohio recognizes the following implied warranties in residential construction:

1. Implied Warranty of Habitability: Builders of new homes impliedly warrant habitability. Mitchem v. Johnson (Ohio 1966), 218 N.E.2d 594.

2. Implied Warranty of Workmanlike Construction: Construction must be performed in a workmanlike manner. Jones v. Gatewood (Ohio App. 1976), 381 N.E.2d 1332.

E. Contractor Licensing Requirements

Under O.R.C. Chapter 4740, contractors in specialty trades (HVAC, plumbing, electrical, hydronics, refrigeration) must be licensed by the Ohio Construction Industry Licensing Board. Many municipalities have additional licensing requirements.

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:
[ ] Ohio Building Code (O.R.C. Chapter 3781)
[ ] 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 Ohio law, builders impliedly warrant that new homes are fit for habitation. Mitchem v. Johnson, 218 N.E.2d 594 (Ohio 1966).

D. Breach of Implied Warranty of Workmanlike Construction

Under Ohio law, construction must be performed in a workmanlike manner. Jones v. Gatewood, 381 N.E.2d 1332 (Ohio App. 1976).

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 Ohio Building Code (O.R.C. Chapter 3781) and/or local building codes.

VI. 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 fifteen (15) 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]

VII. 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.

VIII. 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.

IX. 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]
Ohio Supreme Court 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]
Ohio Construction Industry Licensing Board (if applicable)

OHIO-SPECIFIC PRACTICE NOTES

Statute of Repose (O.R.C. Section 2305.131):
- 10-year repose period for improvements to real property
- Runs from substantial completion of the improvement
- Applies to all claims arising from construction

Implied Warranties:
- Warranty of habitability recognized for new residential construction
- Warranty of workmanlike construction applies
- Extends to subsequent purchasers within warranty period
- Mitchem v. Johnson and Jones v. Gatewood are leading cases

Contractor Licensing:
- State licenses required for HVAC, plumbing, electrical, hydronics, refrigeration
- Check local municipality for additional licensing requirements
- Verify license status with Ohio Construction Industry Licensing Board

Economic Loss Rule:
- Ohio applies the economic loss rule
- Corporex Dev. & Constr. Mgt., Inc. v. Shook, Inc., 835 N.E.2d 701 (Ohio 2005)
- Contract claims typically required for purely economic losses

Discovery Rule:
- Statute of limitations may be tolled until defect discovered or should have been discovered
- Applies to latent defects
- Flagstar Bank, FSB v. Airline Union's Mortg. Co., 947 N.E.2d 672 (Ohio 2011)

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