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:

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:

1. 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.

2. 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

B. Project Information

C. Parties Involved

General Contractor:
- Name: [NAME]
- License Number: [NUMBER]
- Address: [ADDRESS]
- Contact: [PHONE/EMAIL]

Subcontractors: (List all subcontractors whose work is believed defective)

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

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:

1. Contact our office in writing within fifteen (15) days
2. Propose inspection dates during reasonable business hours
3. Identify all persons who will attend
4. 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.