CONSTRUCTION DEFECT DEMAND LETTER
STATE OF OKLAHOMA
STATUTORY NOTICE PURSUANT TO OKLAHOMA NEW HOME WARRANTY ACT
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND REGULAR FIRST-CLASS MAIL
[DATE]
[CONTRACTOR/BUILDER NAME]
[ADDRESS]
[CITY, STATE ZIP]
Oklahoma Contractor Registration No.: [NUMBER]
Re: STATUTORY 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 pursuant to the Oklahoma New Home Warranty Act, 15 O.S. Section 765 et seq., 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 OKLAHOMA LAW. YOUR TIMELY RESPONSE IS REQUIRED WITHIN SIXTY (60) DAYS.
I. OKLAHOMA-SPECIFIC LEGAL FRAMEWORK
A. Oklahoma New Home Warranty Act
This notice is provided pursuant to 15 O.S. Section 765 et seq., Oklahoma's New Home Warranty Act, which establishes mandatory pre-litigation procedures for new home construction defect claims.
Under the Act:
- The claimant must provide written notice of claimed defects at least 60 days before filing suit
- The builder has the right to inspect the property and offer repairs
- Failure to comply with the notice requirements may bar or limit the action
B. Statute of Limitations
Oklahoma law provides the following limitations periods for construction defect claims:
| Claim Type | Limitations Period | Authority |
|---|---|---|
| Breach of Written Contract | 5 years | 12 O.S. Section 95(1) |
| Breach of Oral Contract | 3 years | 12 O.S. Section 95(2) |
| Negligence/Tort | 2 years | 12 O.S. Section 95(3) |
| Breach of Warranty | 4 years (UCC) | 12A O.S. Section 2-725 |
| Fraud | 2 years from discovery | 12 O.S. Section 95(3) |
C. Statute of Repose
12 O.S. Section 109 establishes a ten (10) year statute of repose for improvements to real property, running from substantial completion of the improvement.
D. Statutory Warranties Under New Home Warranty Act
The Oklahoma New Home Warranty Act (15 O.S. Section 765.2) provides:
- One-Year Warranty: Workmanship and materials free from defects
- Two-Year Warranty: Electrical, plumbing, heating, cooling, and ventilating systems free from defects
- Ten-Year Warranty: Load-bearing structural components free from defects
E. Contractor Licensing Requirements
Under 59 O.S. Section 1000.1 et seq., contractors must be registered with the Construction Industries Board. Electrical, plumbing, and mechanical contractors have specific licensing requirements.
II. PROPERTY AND PROJECT INFORMATION
A. Property Description
| Item | Details |
|---|---|
| Property Address | [COMPLETE ADDRESS] |
| County | [COUNTY], Oklahoma |
| 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] |
| OK 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 | License No. | Work Performed |
|---|---|---|---|
| [TRADE] | [NAME] | [NUMBER] | [DESCRIPTION] |
| [TRADE] | [NAME] | [NUMBER] | [DESCRIPTION] |
III. DESCRIPTION OF DEFECTS
Pursuant to 15 O.S. Section 765.3, 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]
Warranty Category (per 15 O.S. Section 765.2):
[ ] One-Year Warranty (workmanship and materials)
[ ] Two-Year Warranty (electrical, plumbing, HVAC systems)
[ ] Ten-Year Warranty (load-bearing structural components)
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:
[ ] Oklahoma Uniform Building Code
[ ] Manufacturer's Installation Instructions
[ ] Industry Standards (IRC, IBC, ASTM)
[ ] Contract Specifications
[ ] New Home Warranty Act Standards
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 | Warranty Type | Est. Repair Cost | Related Damages |
|---|---|---|---|---|
| [DEFECT 1] | [LOCATION] | [1/2/10 Year] | $[AMOUNT] | $[AMOUNT] |
| [DEFECT 2] | [LOCATION] | [1/2/10 Year] | $[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 Statutory Warranty (New Home Warranty Act)
You have breached the statutory warranties provided under 15 O.S. Section 765.2.
B. Breach of Contract
You failed to perform construction in accordance with the contract terms, plans, specifications, and applicable building codes.
C. Breach of Express Warranty
You provided express warranties regarding quality and durability of construction which you have breached.
D. Negligence
You owed a duty of care to perform construction in accordance with the applicable standard of care and breached that duty.
E. Violation of Building Codes
The construction violates the Oklahoma Uniform Building Code and/or local building codes.
VI. STATUTORY NOTICE REQUIREMENTS
A. Your Rights Under the Oklahoma New Home Warranty Act
Pursuant to 15 O.S. Section 765.3, upon receipt of this notice, you have the right to:
- 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
B. Response Deadline
Your written response is due within SIXTY (60) 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 within the statutory period 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 pursuant to the Oklahoma New Home Warranty 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 60 days of receipt of this notice as required by 15 O.S. Section 765.3. 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]
Oklahoma Bar Association 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]
Oklahoma Construction Industries Board (if applicable)
OKLAHOMA-SPECIFIC PRACTICE NOTES
New Home Warranty Act (15 O.S. Section 765 et seq.):
- 60-day pre-suit notice required
- Three-tier warranty structure (1, 2, and 10 years)
- Applies only to new home construction
- Builder has right to inspect and offer repairs
- Failure to follow procedure may limit or bar claims
Statutory Warranties:
- One-year warranty: workmanship and materials
- Two-year warranty: electrical, plumbing, HVAC systems
- Ten-year warranty: load-bearing structural components
- Warranties run with the property to subsequent purchasers
Contractor Licensing:
- Contractors must register with Construction Industries Board
- Verify registration status with CIB
- Specialty trades (electrical, plumbing, mechanical) have specific licenses
Statute of Repose:
- 10-year repose period for improvements to real property
- Runs from substantial completion
- 12 O.S. Section 109
Discovery Rule:
- Statute of limitations may be tolled until defect discovered or should have been discovered
- Applies to latent defects
This template is for informational purposes only and does not constitute legal advice. Consult a licensed Oklahoma attorney before use.