CONSTRUCTION DEFECT DEMAND LETTER
COMMONWEALTH OF VIRGINIA
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]
Virginia 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. VIRGINIA-SPECIFIC LEGAL FRAMEWORK
A. Virginia Construction Law
Virginia law provides remedies for construction defects through both statutory and common law. The Board for Contractors under the Virginia Department of Professional and Occupational Regulation (DPOR) governs contractor licensing.
B. Statute of Limitations
Virginia law provides the following limitations periods for construction defect claims:
| Claim Type | Limitations Period | Authority |
|---|---|---|
| Breach of Written Contract | 5 years | Va. Code Section 8.01-246(2) |
| Breach of Oral Contract | 3 years | Va. Code Section 8.01-246(4) |
| Negligence/Tort | 2 years | Va. Code Section 8.01-243(A) |
| Breach of Warranty | 4 years (UCC) | Va. Code Section 8.2-725 |
| Fraud | 2 years from discovery | Va. Code Section 8.01-243(A) |
C. Statute of Repose
Va. Code Section 8.01-250 establishes a five (5) year statute of repose for improvements to real property, running from the date the cause of action accrues or the date of certificate of occupancy, whichever is later.
D. Implied Warranties in Virginia
Virginia 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. Tiffany v. Sturkie (Va. 1970), 174 S.E.2d 831.
-
Implied Warranty of Habitability: Virginia has recognized this warranty in limited circumstances. Stoney Creek Ass'n v. Southern Shores, Inc. (Va. 1990), 393 S.E.2d 612.
E. Contractor Licensing Requirements
Under Va. Code Section 54.1-1100 et seq., contractors must be licensed by the Virginia Board for 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/City | [COUNTY/CITY], Virginia |
| 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] |
| VA 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:
[ ] Virginia Uniform Statewide 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 Virginia law, builders may impliedly warrant that new homes are fit for habitation. Stoney Creek Ass'n v. Southern Shores, Inc., 393 S.E.2d 612 (Va. 1990).
D. Breach of Implied Warranty of Workmanlike Construction
Under Virginia law, construction must be performed in a workmanlike manner. Tiffany v. Sturkie, 174 S.E.2d 831 (Va. 1970).
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 Virginia Consumer Protection Act
If applicable, violations of the Virginia Consumer Protection Act (Va. Code Section 59.1-196 et seq.) may provide additional remedies.
G. Violation of Building Codes
The construction violates the Virginia Uniform Statewide 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]
Virginia 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]
Virginia Board for Contractors (if applicable)
VIRGINIA-SPECIFIC PRACTICE NOTES
Statute of Repose (Va. Code Section 8.01-250):
- 5-year repose period for improvements to real property
- Runs from accrual of cause of action or certificate of occupancy
- Relatively short repose period - be mindful of timing
Implied Warranties:
- Warranty of workmanlike construction recognized
- Warranty of habitability recognized in limited circumstances
- Virginia courts have been conservative in expanding implied warranties
- Tiffany v. Sturkie and Stoney Creek are key cases
Contractor Licensing:
- Contractors must be licensed by Virginia Board for Contractors
- Verify license status at dpor.virginia.gov
- Different license classes based on project value
- Unlicensed contractors may not enforce contracts
Virginia Consumer Protection Act:
- May provide additional remedies for unfair and deceptive practices
- Va. Code Section 59.1-196 et seq.
- Consider alleging VCPA violations where applicable
Economic Loss Rule:
- Virginia applies a strict economic loss rule
- Sensenbrenner v. Rust, Orling & Neale, 374 S.E.2d 55 (Va. 1988)
- Tort claims generally barred for purely economic losses
- Contract claims are primary avenue for recovery
Discovery Rule:
- Statute of limitations may be tolled until defect discovered or should have been discovered
- Applies to latent defects
- Super Fresh Food Markets v. Ruffin, 409 S.E.2d 106 (Va. 1991)
This template is for informational purposes only and does not constitute legal advice. Consult a licensed Virginia attorney before use.