CONSTRUCTION DEFECT DEMAND LETTER
STATE OF TENNESSEE
STATUTORY NOTICE PURSUANT TO TENNESSEE RESIDENTIAL CONSTRUCTION DEFECT ACT
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND REGULAR FIRST-CLASS MAIL
[DATE]
[CONTRACTOR/BUILDER NAME]
[ADDRESS]
[CITY, STATE ZIP]
Tennessee Contractor License No.: [LICENSE 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 Tennessee Residential Construction Defect Act, T.C.A. Section 66-36-101 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 TENNESSEE LAW. YOUR TIMELY RESPONSE IS REQUIRED WITHIN SIXTY (60) DAYS.
I. TENNESSEE-SPECIFIC LEGAL FRAMEWORK
A. Tennessee Residential Construction Defect Act
This notice is provided pursuant to T.C.A. Section 66-36-101 et seq., Tennessee's Residential Construction Defect Act, which establishes mandatory pre-litigation procedures for residential construction defect claims.
Under the Act:
- The claimant must provide written notice of claimed defects at least 60 days before filing suit
- The contractor may inspect the property and offer repairs or settlement
- The notice must describe the defects
- Failure to comply with the notice requirements may bar or limit the action
B. Statute of Limitations
Tennessee law provides the following limitations periods for construction defect claims:
| Claim Type | Limitations Period | Authority |
|---|---|---|
| Breach of Written Contract | 6 years | T.C.A. Section 28-3-109(a)(3) |
| Breach of Oral Contract | 6 years | T.C.A. Section 28-3-109(a)(3) |
| Negligence/Tort | 1 year (3 years discovery) | T.C.A. Section 28-3-104 |
| Breach of Warranty | 4 years (UCC) | T.C.A. Section 47-2-725 |
| Fraud | 3 years from discovery | T.C.A. Section 28-3-105 |
C. Statute of Repose
T.C.A. Section 28-3-202 establishes a four (4) year statute of repose for improvements to real property, running from substantial completion of the improvement.
D. Implied Warranties in Tennessee
Tennessee 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. Dixon v. Mountain City Constr. Co. (Tenn. 1982), 632 S.W.2d 538.
-
Implied Warranty of Habitability: New home builders warrant homes are fit for habitation. Hartley v. Ballou (Tenn. App. 1980), 609 S.W.2d 512.
E. Contractor Licensing Requirements
Under T.C.A. Section 62-6-101 et seq., contractors performing work over $25,000 must be licensed by the Tennessee Board for Licensing Contractors. Unlicensed 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], Tennessee |
| 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] |
| TN Contractor License 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 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 T.C.A. Section 66-36-104, 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:
[ ] Tennessee 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 Tennessee law, builders impliedly warrant that new homes are fit for habitation. Hartley v. Ballou, 609 S.W.2d 512 (Tenn. App. 1980).
D. Breach of Implied Warranty of Workmanlike Construction
Under Tennessee law, construction must be performed in a workmanlike manner. Dixon v. Mountain City Constr. Co., 632 S.W.2d 538 (Tenn. 1982).
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 Tennessee State Building Code and/or local building codes.
VI. STATUTORY NOTICE REQUIREMENTS
A. Your Rights Under the Tennessee Residential Construction Defect Act
Pursuant to T.C.A. Section 66-36-105, 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 Tennessee Residential Construction Defect 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 T.C.A. Section 66-36-104. 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]
Tennessee Board of Professional Responsibility 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]
Tennessee Board for Licensing Contractors (if applicable)
TENNESSEE-SPECIFIC PRACTICE NOTES
Tennessee Residential Construction Defect Act (T.C.A. Section 66-36-101 et seq.):
- 60-day pre-suit notice required for residential construction
- Contractor has right to inspect and offer repairs
- Failure to follow procedure may bar or limit claims
- Applies to claims against contractors, subcontractors, and design professionals
Statute of Repose (T.C.A. Section 28-3-202):
- 4-year repose period for improvements to real property
- Runs from substantial completion of the improvement
- Shorter than many other states - be mindful of timing
Implied Warranties:
- Warranty of habitability recognized for new residential construction
- Warranty of workmanlike construction applies to all work
- May extend to subsequent purchasers within reasonable time
Contractor Licensing:
- Contractors must be licensed for projects over $25,000
- Verify license status with Tennessee Board for Licensing Contractors
- Unlicensed contractors may not enforce contracts
Discovery Rule:
- Tort claims: 1 year from injury, but may be extended to 3 years under discovery rule
- Contract claims: 6 years from breach
- Applies to latent defects
This template is for informational purposes only and does not constitute legal advice. Consult a licensed Tennessee attorney before use.