How do you draft a formal demand to the developer claiming for construction defects?
If you find numerous construction defects in your newly handed-over home or residential development, you should notify the developer of the building or the other technical professionals as soon as possible so that they remedy them.
What should a formal demand include?
1) The key thing is to send it in time, that is, the defects being claimed must be within the LOE guarantee periods. The formal demand would suspend the time limits, although once the defects have been notified you have only 2 years to sue those responsible.
2) Correctly identify the party or parties involved in the construction, with their details and address, stating the building project concerned and the home or homeowners’ association. The most useful document to have is the certificate of completion. The demand should be sent by a method that provides proof of sending and receipt. The best option is a burofax (a formal registered letter).
3) List the defects expressly. A generic description such as “there is damp” or “there are lots of faults” is not enough. For this, it is best to have at least a preliminary report prepared by an expert in which the defects are properly listed and described.
4) Give them a short deadline to reply, stating what their repair proposal is and within what timeframe they will carry out the works. It is not enough for them to reply that they will carry out repairs, because it is more important to know when and, above all, how. Insufficient and unsuitable repairs are not acceptable. If they do not reply to the formal demand within the deadline given, this will be taken as a refusal.
However, since a formal demand has important consequences, it is best to do it properly, with advice from a specialist. We are at your disposal. DPcon Reclamación Daños Construcción.
Any questions?