CONSTRUCTION DEFECT DEMAND LETTER
STATE OF UTAH
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]
Utah Contractor License No.: [LICENSE 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. UTAH-SPECIFIC LEGAL FRAMEWORK
A. Utah Construction Law
Utah law provides remedies for construction defects through both statutory and common law. The Division of Professional Licensing under Utah Code Title 58 governs contractor licensing requirements.
B. Statute of Limitations
Utah law provides the following limitations periods for construction defect claims:
| Claim Type | Limitations Period | Authority |
|---|---|---|
| Breach of Written Contract | 6 years | Utah Code Ann. Section 78B-2-309(2) |
| Breach of Oral Contract | 4 years | Utah Code Ann. Section 78B-2-307(1)(a) |
| Negligence/Tort | 4 years | Utah Code Ann. Section 78B-2-307(3) |
| Breach of Warranty | 4 years (UCC) | Utah Code Ann. Section 70A-2-725 |
| Fraud | 3 years from discovery | Utah Code Ann. Section 78B-2-305(3) |
C. Statute of Repose
Utah Code Ann. Section 78B-2-225 establishes a statute of repose for improvements to real property:
- 6 years from completion of construction, OR
- 9 years from completion if defect discovered in year 5 or 6
Running from completion of the improvement.
D. Implied Warranties in Utah
Utah recognizes the following implied warranties in residential construction:
-
Implied Warranty of Habitability: Builders of new homes impliedly warrant that homes are fit for habitation. Davencourt at Pilgrims Landing Homeowners Ass'n v. Davencourt at Pilgrims Landing, LC (Utah 2009), 221 P.3d 234.
-
Implied Warranty of Workmanlike Construction: Construction must be performed in a workmanlike manner. American Towers Owners Ass'n v. CCI Mechanical, Inc. (Utah 1996), 930 P.2d 1182.
E. Contractor Licensing Requirements
Under Utah Code Ann. Section 58-55-101 et seq., contractors must be licensed by the Utah Division of Occupational and Professional Licensing. 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], Utah |
| 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] |
| UT 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
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:
[ ] Utah State 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 Utah law, builders impliedly warrant that new homes are fit for habitation. Davencourt at Pilgrims Landing Homeowners Ass'n v. Davencourt at Pilgrims Landing, LC, 221 P.3d 234 (Utah 2009).
D. Breach of Implied Warranty of Workmanlike Construction
Under Utah law, construction must be performed in a workmanlike manner. American Towers Owners Ass'n v. CCI Mechanical, Inc., 930 P.2d 1182 (Utah 1996).
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 Utah State Construction Code and/or local building codes.
VI. RESIDENCE LIEN RECOVERY FUND
Please note that if you are a licensed contractor, the Utah Residence Lien Restriction and Lien Recovery Fund Act (Utah Code Ann. Section 38-11-101 et seq.) may provide an additional avenue for recovery if you fail to adequately remedy these defects.
VII. 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]
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 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]
Utah State 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]
Utah Division of Occupational and Professional Licensing (if applicable)
UTAH-SPECIFIC PRACTICE NOTES
Statute of Repose (Utah Code Ann. Section 78B-2-225):
- 6-year repose period from completion of construction
- Extended to 9 years if defect discovered in year 5 or 6
- 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
- Davencourt and American Towers are leading cases
- May extend to subsequent purchasers
Contractor Licensing:
- Contractors must be licensed by Utah DOPL
- Verify license status at dopl.utah.gov
- Unlicensed contractors may not enforce contracts
Residence Lien Recovery Fund:
- Provides additional recovery avenue against licensed contractors
- Utah Code Ann. Section 38-11-101 et seq.
- Consider filing claim if contractor fails to remedy defects
Economic Loss Rule:
- Utah applies the economic loss rule
- SME Industries, Inc. v. Thompson, Ventulett, Stainback & Assocs., 28 P.3d 669 (Utah 2001)
- Contract claims typically required for purely economic losses
Discovery Rule:
- Statute of limitations may be tolled until defect discovered or should have been discovered
- Applies to latent defects
- Klinger v. Kightly, 791 P.2d 868 (Utah 1990)
This template is for informational purposes only and does not constitute legal advice. Consult a licensed Utah attorney before use.