CONSTRUCTION DEFECT DEMAND LETTER
STATE OF RHODE ISLAND
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]
Rhode Island Contractor 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. RHODE ISLAND-SPECIFIC LEGAL FRAMEWORK
A. Rhode Island Construction Law
Rhode Island law provides remedies for construction defects through both statutory and common law. The Contractors' Registration and Licensing Board under R.I.G.L. Chapter 5-65 governs contractor registration.
B. Statute of Limitations
Rhode Island law provides the following limitations periods for construction defect claims:
| Claim Type | Limitations Period | Authority |
|---|---|---|
| Breach of Contract | 10 years | R.I.G.L. Section 9-1-13(a) |
| Negligence/Tort | 10 years | R.I.G.L. Section 9-1-13(a) |
| Breach of Warranty | 4 years (UCC) | R.I.G.L. Section 6A-2-725 |
| Fraud | 3 years from discovery | R.I.G.L. Section 9-1-14(b) |
C. Statute of Repose
R.I.G.L. Section 9-1-29 establishes a ten (10) year statute of repose for improvements to real property, running from substantial completion of the improvement.
D. Implied Warranties in Rhode Island
Rhode Island recognizes the following implied warranties in residential construction:
-
Implied Warranty of Workmanlike Construction: Builders impliedly warrant that construction will be performed in a workmanlike manner. Nichols v. R.R. Beaufort & Assocs., Inc. (R.I. 1999), 727 A.2d 174.
-
Implied Warranty of Habitability: New home builders warrant homes are fit for habitation. Nichols v. R.R. Beaufort & Assocs., Inc., 727 A.2d 174.
E. Contractor Registration Requirements
Under R.I.G.L. Chapter 5-65, contractors must be registered with the Contractors' Registration and Licensing Board. 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], Rhode Island |
| 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] |
| RI 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 | Registration 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:
[ ] Rhode Island State 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 Rhode Island law, builders impliedly warrant that new homes are fit for habitation. Nichols v. R.R. Beaufort & Assocs., Inc., 727 A.2d 174 (R.I. 1999).
D. Breach of Implied Warranty of Workmanlike Construction
Under Rhode Island law, construction must be performed in a workmanlike manner. Nichols v. R.R. Beaufort & Assocs., Inc., 727 A.2d 174 (R.I. 1999).
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 Rhode Island State Building Code and/or local building codes.
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]
Rhode Island 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]
Rhode Island Contractors' Registration and Licensing Board (if applicable)
RHODE ISLAND-SPECIFIC PRACTICE NOTES
Statute of Limitations (R.I.G.L. Section 9-1-13):
- Rhode Island has a 10-year general statute of limitations
- Applies to both contract and tort claims
- Longer than most other states
Statute of Repose (R.I.G.L. Section 9-1-29):
- 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 to all work
- Nichols v. R.R. Beaufort & Assocs., Inc. is the leading case
- Extends to subsequent purchasers within reasonable time
Contractor Registration:
- Contractors must be registered with Contractors' Registration and Licensing Board
- Verify registration status with the Board
- Unregistered contractors may face penalties
Discovery Rule:
- Statute of limitations may be tolled until defect discovered or should have been discovered
- Applies to latent defects
- Bustamante v. New Hampshire Indemnity Co., 2013 R.I. Super. LEXIS 4
Economic Loss Rule:
- Rhode Island applies the economic loss rule
- Contract claims typically required for purely economic losses
- Industrial Nat'l Bank v. Leo's Used Car Exchange, 362 A.2d 1281 (R.I. 1976)
This template is for informational purposes only and does not constitute legal advice. Consult a licensed Rhode Island attorney before use.