A Construction Defect Demand Letter is typically used when significant defects are discovered in construction work and initial attempts at resolution have been unsuccessful. This document, governed by English and Welsh law, serves as a formal step before potential litigation, clearly outlining the defects, their impact, and the desired remedy. It should be used when there is clear evidence of substandard work, breach of building regulations, or failure to meet contractual specifications. The letter must be carefully drafted to include all relevant details, evidence, and demands while complying with pre-action protocols and maintaining a professional tone that encourages resolution while preserving legal rights.
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1. Recipient Details: Full name and address of the contractor/builder, including any reference numbers
2. Project Identification: Details of the construction project including dates, location, and contract reference numbers
3. Defect Description: Detailed description of each construction defect, when it was discovered, and its impact
4. Legal Basis: Reference to relevant legislation and contractual obligations that have been breached
5. Evidence Summary: Overview of supporting evidence including expert reports, photographs, and documentation
6. Demand Statement: Clear statement of what is being demanded (repair, compensation, etc.) and justification
7. Timeline: Deadline for response and proposed remedial action timeline
1. Cost Estimates: Detailed breakdown of estimated costs for repairs, used when seeking financial compensation
2. Legal Consequences: Statement of potential legal actions if demands are not met, typically used in final demands
3. Previous Correspondence: Summary of prior attempts to resolve the issue, including dates and outcomes
4. Insurance Details: Reference to relevant insurance policies and claims, if applicable
1. Schedule A - Photographic Evidence: Dated and labeled photographs documenting each construction defect
2. Schedule B - Expert Reports: Technical reports from building surveyors or other qualified experts
3. Schedule C - Original Contract: Copy of the construction contract and any relevant variations
4. Schedule D - Cost Estimates: Detailed quotes from contractors for remedial work
5. Schedule E - Timeline of Events: Chronological record of relevant events, discoveries, and communications
6. Schedule F - Building Regulations: Relevant building regulations and standards that have been breached
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