CONSTRUCTION DEFECT DEMAND LETTER
STATE OF TEXAS
STATUTORY NOTICE PURSUANT TO TEXAS RESIDENTIAL CONSTRUCTION LIABILITY ACT
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND REGULAR FIRST-CLASS MAIL
[DATE]
[CONTRACTOR/BUILDER NAME]
[ADDRESS]
[CITY, STATE ZIP]
Texas Contractor Registration (if applicable): [NUMBER]
Re: STATUTORY NOTICE UNDER TEXAS RESIDENTIAL CONSTRUCTION LIABILITY ACT
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 Texas Residential Construction Liability Act (RCLA), Texas Property Code Chapter 27, 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 TEXAS LAW. YOUR TIMELY RESPONSE IS REQUIRED WITHIN SIXTY (60) DAYS.
I. TEXAS-SPECIFIC LEGAL FRAMEWORK
A. Texas Residential Construction Liability Act (RCLA)
This notice is provided pursuant to Texas Property Code Section 27.001 et seq., the Texas Residential Construction Liability Act, which establishes mandatory pre-litigation procedures for residential construction defect claims.
Under the RCLA:
- The claimant must provide written notice of claimed defects at least 60 days before filing suit
- The contractor has the right to inspect the property within 35 days of receiving notice
- The contractor must make a written offer (if any) within 45 days of receiving notice
- Failure to comply with the notice requirements may limit or bar recovery
B. Statute of Limitations
Texas law provides the following limitations periods for construction defect claims:
| Claim Type | Limitations Period | Authority |
|---|---|---|
| Breach of Written Contract | 4 years | Tex. Civ. Prac. & Rem. Code Section 16.004(a)(3) |
| Breach of Oral Contract | 4 years | Tex. Civ. Prac. & Rem. Code Section 16.004(a)(4) |
| Negligence/Tort | 2 years | Tex. Civ. Prac. & Rem. Code Section 16.003 |
| Breach of Warranty | 4 years (UCC) | Tex. Bus. & Com. Code Section 2.725 |
| Fraud | 4 years from discovery | Tex. Civ. Prac. & Rem. Code Section 16.004(a)(4) |
| DTPA Claims | 2 years | Tex. Bus. & Com. Code Section 17.565 |
C. Statute of Repose
Texas Civil Practice and Remedies Code Section 16.009 establishes a ten (10) year statute of repose for improvements to real property, running from substantial completion of the improvement.
D. Implied Warranties in Texas
Texas recognizes the following implied warranties in residential construction:
-
Implied Warranty of Good and Workmanlike Manner: Builders impliedly warrant that construction will be performed in a good and workmanlike manner. Melody Home Mfg. Co. v. Barnes (Tex. 1987), 741 S.W.2d 349.
-
Implied Warranty of Habitability: New home builders warrant homes are fit for habitation. Humber v. Morton (Tex. 1968), 426 S.W.2d 554.
E. Contractor Licensing Requirements
Texas does not have a statewide general contractor license requirement, but many municipalities require contractor registration. Specialty trades (plumbing, electrical, HVAC) require state licensing.
II. PROPERTY AND PROJECT INFORMATION
A. Property Description
| Item | Details |
|---|---|
| Property Address | [COMPLETE ADDRESS] |
| County | [COUNTY], Texas |
| 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] |
| License/Registration No. | [NUMBER] (if applicable) |
| Contract Date | [DATE] |
| Contract Amount | $[AMOUNT] |
| Substantial Completion | [DATE] |
| Final Completion | [DATE] |
| Warranty Period | [DESCRIBE] |
C. Parties Involved
General Contractor:
- Name: [NAME]
- Registration Number (if applicable): [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 Tex. Property Code Section 27.004, 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:
[ ] Texas Building Code
[ ] Local Municipal Code
[ ] Manufacturer's Installation Instructions
[ ] Industry Standards (IRC, IBC, ASTM)
[ ] Contract Specifications
[ ] Implied Warranty of Good and Workmanlike Manner
[ ] 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 Texas law, builders impliedly warrant that new homes are fit for habitation. Humber v. Morton, 426 S.W.2d 554 (Tex. 1968).
D. Breach of Implied Warranty of Good and Workmanlike Manner
Under Texas law, construction must be performed in a good and workmanlike manner. Melody Home Mfg. Co. v. Barnes, 741 S.W.2d 349 (Tex. 1987).
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 Texas Deceptive Trade Practices Act
If applicable, violations of the DTPA (Tex. Bus. & Com. Code Chapter 17) may provide additional remedies.
G. Violation of Building Codes
The construction violates the applicable building codes and/or local municipal codes.
VI. STATUTORY NOTICE REQUIREMENTS
A. Your Rights Under the Texas RCLA
Pursuant to Tex. Property Code Section 27.004, upon receipt of this notice, you have the right to:
- Inspect the Property: Request an inspection within 35 days of receiving this notice
- Offer to Repair: Make a written offer to repair within 45 days of receiving notice
- Offer Settlement: Make a written offer of monetary compensation
- Dispute Claims: Deny responsibility for the claimed defects
B. Response Timeline (Tex. Property Code Section 27.004)
- Within 35 days: You may request an inspection of the property
- Within 45 days of notice: You must provide a written offer (to repair, settle, or deny)
- Within 25 days of offer: Owner must accept or reject your offer
- 60 days total: The claimant may not file suit until 60 days after providing notice
C. Consequences of Non-Response
Failure to respond within the statutory period may result in:
- Owner proceeding directly to litigation after 60 days
- Limitation on your defenses under RCLA
- Potential adverse inference at trial
VII. DEMAND FOR INSPECTION ACCESS
We hereby offer you the opportunity to inspect the property pursuant to Tex. Property Code Section 27.004. To schedule an inspection:
- Contact our office in writing within 35 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 the time periods specified in Tex. Property Code Section 27.004. If we do not receive a timely response, our client will proceed with litigation after the 60-day statutory period without further notice.
Respectfully submitted,
[LAW FIRM NAME]
By: _________________________________
[ATTORNEY NAME]
State Bar of Texas 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]
Texas Residential Construction Commission (if applicable)
TEXAS-SPECIFIC PRACTICE NOTES
Texas RCLA (Tex. Property Code Chapter 27):
- 60-day pre-suit notice required for residential construction
- Contractor has 35 days to inspect after notice
- Contractor has 45 days to make written offer
- Failure to follow procedure may limit damages recovery
- Applies to claims against contractors, subcontractors, suppliers, and design professionals
Statute of Repose (Tex. Civ. Prac. & Rem. Code Section 16.009):
- 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 good and workmanlike manner recognized
- Warranty of habitability applies to new homes
- Melody Home and Humber are leading cases
- May extend to subsequent purchasers
Contractor Licensing:
- No statewide general contractor license required
- Check local municipality for registration requirements
- Plumbing, electrical, HVAC require state licenses
- Texas Department of Licensing and Regulation oversees specialty trades
DTPA Claims:
- Deceptive Trade Practices Act may provide additional remedies
- 2-year statute of limitations
- Treble damages possible for knowing violations
- RCLA notice requirements must still be followed
Discovery Rule:
- Statute of limitations may be tolled until defect discovered or should have been discovered
- Computer Assocs. Int'l v. Altai, Inc., 918 S.W.2d 453 (Tex. 1996)
This template is for informational purposes only and does not constitute legal advice. Consult a licensed Texas attorney before use.