New York Contractor Defect Demand Letters

[Your Name] [Your Address] [City, State ZIP] [Email] [Phone] [Date] [Contractor Name] [Contractor Business Name] [Contractor Address] Via Certified Mail, Return Receipt Requested RE: DEMAND FOR REPAIR OF CONSTRUCTION DEFECTS Property: [Your Address] Contract Date: [Date] [NYC HIC License #: [Number] - if applicable] Dear [Contractor Name]: I write regarding the seriously defective construction work you performed at my property located at [Address], New York pursuant to our contract dated [Date]. This letter constitutes formal notice of defects and demand for cure. CONTRACT AND PERFORMANCE On [Date], we entered into a written contract for [describe scope - e.g., "renovation of the master bathroom, including new tile, fixtures, plumbing, and waterproofing"]. The contract price was $[Amount], of which I have paid $[Amount paid]. The work was represented as completed on [Date]. However, I have discovered numerous serious defects in the work that violate our contract specifications, applicable building codes, and industry standards for workmanlike performance. SPECIFIC DEFECTS The following defects have been identified: 1. [Describe defect #1 in detail - e.g., "Water intrusion through the shower surround. Within two weeks of completion, water began leaking through the ceiling of the room below the bathroom. Investigation revealed improper waterproofing membrane installation and failure to properly seal tile joints."] 2. [Describe defect #2 - e.g., "Uneven tile installation. Floor tiles are visibly uneven with lippage exceeding industry standards (ANSI A108.02), creating a tripping hazard and aesthetic defect."] 3. [Describe defect #3 - e.g., "Plumbing code violations. The drain trap is improperly configured, creating potential for sewer gas entry. This violates NYC Plumbing Code Section [X]."] [Continue for all defects] These defects have been documented by [describe documentation - licensed engineer, home inspector, etc.] in a report dated [Date], a copy of which is enclosed. [If unpermitted work]: Furthermore, this work was performed without required NYC Department of Buildings permits in violation of the NYC Building Code. No permit was filed for [describe work requiring permit]. This unpermitted work exposes me to DOB violations and fines, and must be properly permitted as part of any repair. [If unlicensed - NYC only]: Additionally, my records indicate you [performed this work without a valid NYC Home Improvement Contractor license / your HIC license was suspended at the time of the work] in violation of NYC Admin Code Section 20-386. Under New York law, you cannot enforce a contract for unlicensed home improvement work, and you are liable for all damages I have suffered. LIABILITY UNDER NEW YORK LAW Your work breaches our contract and constitutes negligence under New York law. You had a duty to perform this work in a workmanlike manner consistent with the contract specifications, applicable building codes, and industry standards. You breached that duty. [If GBL 349 applies]: Additionally, your [describe deceptive conduct - e.g., "representation that you held all required licenses and would obtain necessary permits, when in fact you did not"] constitutes a deceptive business practice in violation of New York General Business Law Section 349. DAMAGES I have incurred the following damages: - Cost to repair defects (per estimates): $[Amount] - Damage to property from leaks: $[Amount] - Engineering/inspection costs: $[Amount] - [Other consequential damages]: $[Amount] TOTAL DAMAGES: $[Amount] DEMAND Pursuant to our contract and New York law, I demand that you: OPTION 1 - REPAIR: Complete all necessary repairs within 30 days using licensed subcontractors, at your expense, with all work subject to my inspection and approval, and obtain all required permits; OR OPTION 2 - PAYMENT: Pay the total damages of $[Amount] within 15 days so I may hire a competent contractor to properly complete the work. If I do not receive a satisfactory response by [Date - 15 days], I will: - File a complaint with NYC Department of Consumer and Worker Protection - Report unpermitted work to NYC Department of Buildings - Initiate legal action in [Supreme Court / Small Claims Court] seeking all damages plus attorney fees under GBL Section 349 - Report potential Lien Law violations to appropriate authorities The 6-year statute of limitations for contract claims (CPLR 213) and 3-year limitation for negligence claims (CPLR 214) preserve my right to bring legal action. This letter is written without prejudice to any additional claims or remedies I may have. Sincerely, [Your Signature] [Your Printed Name] Enclosures: - Copy of contract - Photos of defects - Engineering/inspection report - Repair estimates

[Date] [Contractor Name/Business] [Address] Via Certified Mail, Return Receipt Requested RE: DEMAND FOR REFUND - UNLICENSED HOME IMPROVEMENT WORK Property: [Address] Work Performed: [Date range] Dear [Contractor]: I recently discovered that you performed home improvement work at my property without a valid New York City Home Improvement Contractor license as required by NYC Admin Code Section 20-386. I hired you on [Date] to perform [describe work] for a contract price of $[Amount]. I paid you a total of $[Amount paid]. A search of the NYC Department of Consumer and Worker Protection license database reveals [no license on file in your name or business name / that your license number [X] was suspended on [Date] / that the license number you provided does not exist]. LEGAL CONSEQUENCES OF UNLICENSED WORK Under New York law, performing home improvement work in NYC without a valid HIC license has serious consequences: 1. UNENFORCEABLE CONTRACT: Contracts for unlicensed home improvement work are void and unenforceable. You cannot sue to collect any unpaid balance. 2. HOMEOWNER REMEDIES: I may recover all amounts paid for work performed by an unlicensed contractor, regardless of whether the work was satisfactory. 3. CRIMINAL PENALTIES: Operating as an unlicensed home improvement contractor is a misdemeanor under NYC Admin Code Section 20-393, punishable by fines up to $5,000 and imprisonment up to 6 months. 4. CIVIL PENALTIES: DCWP may impose civil penalties of up to $500 per violation. DEMAND I demand immediate refund of the $[Amount] I paid you for this unlicensed work. If I do not receive payment within 15 days, I will: - File a complaint with NYC DCWP for unlicensed contracting - Report this matter to the Manhattan District Attorney's office - File a civil action in [Supreme Court / Civil Court] for the full amount paid plus attorney fees Please make your check payable to [Your Name] and mail to the address above. Sincerely, [Your Name] [Contact Information]

[Date] [Contractor Name] [Address] Via Certified Mail RE: DEMAND UNDER N.Y. GEN. BUS. LAW SECTION 349 Project: [Address] Dear [Contractor]: I write to demand compensation for your deceptive business practices in connection with the construction work at my property. DECEPTIVE CONDUCT Prior to signing our contract, you represented that: - [Describe false representation #1 - e.g., "You were fully licensed and insured to perform this work"] - [Describe false representation #2 - e.g., "You would obtain all necessary permits from NYC DOB"] - [Describe false representation #3 - e.g., "The work would be completed within 6 weeks"] These representations were false. In fact: - [Describe truth - e.g., "You were not licensed and no permits were obtained"] - [Describe truth] I relied on these representations in deciding to hire you and in paying the contract price of $[Amount]. GBL SECTION 349 CLAIM Your conduct constitutes deceptive acts and practices in violation of New York General Business Law Section 349. Under this statute, I am entitled to recover: 1. Actual damages caused by your deceptive practices 2. Reasonable attorney fees 3. Treble damages up to $1,000 if your conduct was willful DEMAND I demand payment of $[Amount] representing: - Actual damages: $[Amount] - Statutory damages (treble): $1,000 - [If attorney involved: Estimated attorney fees to date: $[Amount]] If this matter is not resolved within 20 days, I will file a civil action under GBL Section 349. The attorney fee provision of this statute makes litigation economically viable even for relatively modest claims. Govern yourself accordingly. [Your Name]