CONSTRUCTION DEFECT DEMAND LETTER
STATE OF WEST 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]
West 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. WEST VIRGINIA-SPECIFIC LEGAL FRAMEWORK
A. West Virginia Construction Law
West Virginia law provides remedies for construction defects through both statutory and common law. The West Virginia Contractor Licensing Act (W.Va. Code Section 21-11-1 et seq.) governs contractor licensing requirements.
B. Statute of Limitations
West Virginia law provides the following limitations periods for construction defect claims:
| Claim Type | Limitations Period | Authority |
|---|---|---|
| Breach of Written Contract | 10 years | W.Va. Code Section 55-2-6 |
| Breach of Oral Contract | 10 years | W.Va. Code Section 55-2-6 |
| Negligence/Tort | 2 years | W.Va. Code Section 55-2-12 |
| Breach of Warranty | 4 years (UCC) | W.Va. Code Section 46-2-725 |
| Fraud | 2 years from discovery | W.Va. Code Section 55-2-12 |
C. Statute of Repose
W.Va. Code Section 55-2-6a establishes a ten (10) year statute of repose for improvements to real property, running from the performance or furnishing of the services.
D. Implied Warranties in West Virginia
West Virginia recognizes the following implied warranties in residential construction:
-
Implied Warranty of Habitability: Builders of new homes impliedly warrant that homes are fit for habitation. Gamble v. Main (W.Va. 1989), 383 S.E.2d 818.
-
Implied Warranty of Workmanlike Construction: Construction must be performed in a workmanlike manner. Smith v. Wolford (W.Va. 1985), 341 S.E.2d 415.
E. Contractor Licensing Requirements
Under W.Va. Code Section 21-11-1 et seq., contractors must be licensed by the West Virginia Division of Labor. Unlicensed contractors may face penalties and may be limited in enforcing contracts.
II. PROPERTY AND PROJECT INFORMATION
A. Property Description
| Item | Details |
|---|---|
| Property Address | [COMPLETE ADDRESS] |
| County | [COUNTY], West 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] |
| WV 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:
[ ] West Virginia 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 West Virginia law, builders impliedly warrant that new homes are fit for habitation. Gamble v. Main, 383 S.E.2d 818 (W.Va. 1989).
D. Breach of Implied Warranty of Workmanlike Construction
Under West Virginia law, construction must be performed in a workmanlike manner. Smith v. Wolford, 341 S.E.2d 415 (W.Va. 1985).
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 West Virginia State 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]
West 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]
West Virginia Division of Labor (if applicable)
WEST VIRGINIA-SPECIFIC PRACTICE NOTES
Statute of Limitations:
- West Virginia has a 10-year limitation period for contract claims
- 2-year limitation period for tort/negligence claims
- Longer contract limitations period than most states
Statute of Repose (W.Va. Code Section 55-2-6a):
- 10-year repose period for improvements to real property
- Runs from performance or furnishing of services
- 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
- Gamble v. Main and Smith v. Wolford are leading cases
- May extend to subsequent purchasers
Contractor Licensing:
- Contractors must be licensed by WV Division of Labor
- W.Va. Code Section 21-11-1 et seq.
- Verify license status with Division of Labor
Discovery Rule:
- Statute of limitations may be tolled until defect discovered or should have been discovered
- Applies to latent defects
- Dunn v. Rockwell, 689 S.E.2d 255 (W.Va. 2009)
Economic Loss Rule:
- West Virginia applies the economic loss rule
- Contract claims typically required for purely economic losses
- Aikens v. Debow, 541 S.E.2d 576 (W.Va. 2000)
This template is for informational purposes only and does not constitute legal advice. Consult a licensed West Virginia attorney before use.