CONSTRUCTION DEFECT DEMAND LETTER
COMMONWEALTH OF PENNSYLVANIA
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]
Pennsylvania HIC Registration No.: [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. PENNSYLVANIA-SPECIFIC LEGAL FRAMEWORK
A. Pennsylvania Home Improvement Consumer Protection Act
Home improvement contractors in Pennsylvania are governed by the Home Improvement Consumer Protection Act (HICPA), 73 P.S. Section 517.1 et seq., which requires contractor registration and provides consumer protections.
B. Statute of Limitations
Pennsylvania law provides the following limitations periods for construction defect claims:
| Claim Type | Limitations Period | Authority |
|---|---|---|
| Breach of Written Contract | 4 years | 42 Pa.C.S. Section 5525(a)(1) |
| Breach of Oral Contract | 4 years | 42 Pa.C.S. Section 5525(a)(4) |
| Negligence/Tort | 2 years | 42 Pa.C.S. Section 5524(2) |
| Breach of Warranty | 4 years (UCC) | 13 Pa.C.S. Section 2725 |
| Fraud | 2 years from discovery | 42 Pa.C.S. Section 5524(7) |
C. Statute of Repose
42 Pa.C.S. Section 5536 establishes a twelve (12) year statute of repose for improvements to real property, running from the completion of construction.
D. Implied Warranties in Pennsylvania
Pennsylvania recognizes the following implied warranties in residential construction:
-
Implied Warranty of Habitability: Builders of new homes impliedly warrant that homes are fit for habitation. Elderkin v. Gaster (Pa. 1972), 288 A.2d 771.
-
Implied Warranty of Reasonable Workmanship: Construction must be performed in a reasonably workmanlike manner. Tyus v. Resta (Pa. 1984), 476 A.2d 427.
E. Contractor Registration Requirements
Under 73 P.S. Section 517.1 et seq. (HICPA), home improvement contractors must register with the Pennsylvania Attorney General. Unregistered contractors may face penalties and may be barred from enforcing contracts.
II. PROPERTY AND PROJECT INFORMATION
A. Property Description
| Item | Details |
|---|---|
| Property Address | [COMPLETE ADDRESS] |
| County | [COUNTY], Pennsylvania |
| 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] |
| PA HIC 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]
- HIC 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:
[ ] Pennsylvania Uniform Construction 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 Pennsylvania law, builders impliedly warrant that new homes are fit for habitation. Elderkin v. Gaster, 288 A.2d 771 (Pa. 1972).
D. Breach of Implied Warranty of Reasonable Workmanship
Under Pennsylvania law, construction must be performed in a reasonably workmanlike manner. Tyus v. Resta, 476 A.2d 427 (Pa. 1984).
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 Pennsylvania Uniform Construction Code and/or local building codes.
G. Violation of Home Improvement Consumer Protection Act
If applicable, violations of HICPA may provide additional remedies, including statutory damages and attorney's fees.
VI. DEMAND FOR INSPECTION ACCESS
We hereby offer you the opportunity to inspect the property. To schedule an inspection:
- Contact our office in writing within fifteen (15) 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]
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]
Pennsylvania Attorney ID 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]
Pennsylvania Attorney General - Bureau of Consumer Protection (if applicable)
PENNSYLVANIA-SPECIFIC PRACTICE NOTES
Home Improvement Consumer Protection Act (73 P.S. Section 517.1 et seq.):
- Home improvement contractors must be registered with AG
- Written contracts required for projects over $500
- Specific contract disclosure requirements
- Violations may provide additional remedies and attorney's fees
- Check registration at www.attorneygeneral.gov
Statute of Repose (42 Pa.C.S. Section 5536):
- 12-year repose period for improvements to real property
- Runs from completion of construction
- Applies to all claims arising from construction
Implied Warranties:
- Warranty of habitability recognized for new residential construction
- Warranty of reasonable workmanship applies to all work
- Elderkin v. Gaster and Tyus v. Resta are leading cases
- May extend to subsequent purchasers
Economic Loss Rule:
- Pennsylvania applies the economic loss rule in limited circumstances
- Bilt-Rite Contractors, Inc. v. The Architectural Studio, 866 A.2d 270 (Pa. 2005)
- Exceptions exist for professionals and parties in near-privity
Discovery Rule:
- Statute of limitations may be tolled until defect discovered or should have been discovered
- Fine v. Checcio, 870 A.2d 850 (Pa. 2005)
- Applies to latent defects
This template is for informational purposes only and does not constitute legal advice. Consult a licensed Pennsylvania attorney before use.