Construction Defect Demand Letter Template for England and Wales

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Key Requirements PROMPT example:

Construction Defect Demand Letter

"I need a Construction Defect Demand Letter to address severe water damage in a newly built commercial property completed in January 2025, specifically targeting defective roofing work and demanding immediate repairs from the main contractor within 14 days."

Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Industries

Building Act 1984: Primary legislation governing building works and setting standards for construction in England and Wales

Defective Premises Act 1972: Key legislation dealing with liability for defective construction work and the duty to build dwellings in a workmanlike manner

Construction Act 1996: Housing Grants, Construction and Regeneration Act - Regulates payment in the construction industry and provides for adjudication of disputes

Limitation Act 1980: Sets statutory time limits for bringing legal claims - typically 6 years for contract claims and 12 years for claims under deed

Consumer Rights Act 2015: Relevant for residential construction projects, ensuring work is carried out with reasonable care and skill

Building Regulations 2010: Detailed technical requirements for building work, including structural stability, fire safety, and energy efficiency

Building (Approved Inspectors etc.) Regulations 2010: Regulations governing the approval and inspection process for building works

Supply of Goods and Services Act 1982: Legislation imposing terms about quality of service and materials in construction contracts

RIBA Standards: Professional standards set by the Royal Institute of British Architects for architectural practice

RICS Guidelines: Professional guidelines established by the Royal Institution of Chartered Surveyors for construction and surveying

CDM Regulations 2015: Construction (Design and Management) Regulations governing health and safety in construction projects

Health and Safety at Work Act 1974: Primary legislation for workplace health and safety, including construction sites

Planning Permission Requirements: Local authority requirements and conditions for construction projects

Building Control Requirements: Local authority building control regulations and inspection requirements

Industry Standards: Relevant construction industry codes of practice and technical standards

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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