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I'm looking for help writing a demand letter to the builder…

I'm looking for help...

I'm looking for help writing a demand letter to the builder of my home. It recently flooded from a pipe caused by a nail fro. The finish Carpenter.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I filed a claim with my insurance and it was denied. Now I was advised to send a demand letter to my builder so he can give it to his liAbility carrier.

Lawyer's Assistant: Where is the home located?

Denver, CO

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that's it.

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Answered in 5 hours by:
3/20/2018
Attorney Wendy
Category: Legal
Satisfied Customers: 505
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. I am happy to assist you with this matter. The key to drafting the demand letter is including sufficient information such that the letter can be submitted to the contractor's or sub-contractor's insurance company to allow them to begin processing the claim. If you obtained Certificates of Insurance from your builder or were provided any such certificates, you can also send a copy of the letter directly to the insurance company and/or the builder's insurance agent.

The letter should include the following information:

The address at which the work performed by the builder and/or its subcontractors and where the damage occurred (your home address)

The approximate date on which the work was performed that caused the damage

The approximate date when the damage actually occurred or became knowable

The cost of any repairs, or if not yet repairs, any estimates for repairs

That the builder should consider the letter a request for payment for all repairs

That the builder is directed to provide a copy of this letter or other notice of the claimed damage to its insurance carrier

That if the builder claims another party is responsible for the damage that they provide you with the name and contact information of that party (e.g., a subcontractor), but that you will be looking to the builder to make the situation right and for the builder then to look to any sub-contractors it hired for any reimbursement

That failure to respond to this letter will you give you no option but to consider legal action.

I hope this helps get started. I am happy to review any letter prior to sending. If you have additional questions about this issue, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate a 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

Attorney Wendy
Category: Legal
Satisfied Customers: 505
Experience: Member at Keefer & Keefer LLC
Verified
Attorney Wendy and 87 other Legal Specialists are ready to help you
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Customer reply replied 1 month ago
Thank you for the quick response. Can you please review my demand letter.Richard Clyne
51 West 84th Ave #300
Denver, CO 80260Dear ***** Clyne,On the afternoon of March 4th 2018, I returned home from vacation to find my house located at***** Denver, CO 80204 flooded with water. Immediately I came over to your house next door (townhome) and together we turned off the water main. Shortly after, I called my insurance company and filed a claim. Immediately after that, I called Abbotts Fire and Flood. Within an hour they were at the house and started water extraction, drying & dehumidification.On March 5th, Abbotts found the source of the water damage to be coming from the master bedroom closet on the second floor. The same day JDS Plumbing arrived and identified the issue as a finishing nail that punctured the hot water line running to the third floor. The plumber made the repair at that time.Over the next week Abbotts continues remediation removing drywall, carpet, hardwood floors, cabinets, appliances and trim on the second, first and basement levels while using dehumidifiers and blowers to dry the wet surfaces. They completed their work on 3/19/2018.
On March 9th 2018, the insurance adjuster visited the property and estimated the repairs at $38,000 not including fees for Abbotts remediation, removal & cleanup. On March 15th 2018, the insurance company denied the claim stating the policy does not provide coverage for losses caused by or that are a result of improper construction.The house is now inhabitable. We have found a short term lease nearby until the house repairs are finished.I am asking that you cover the total costs for remediation, home repairs and addition living expenses we incurred due to the improper construction / negligence that caused the water leak and related damage.You can reach me anytime at(###) ###-####or***@******.***.Sincerely,Theodore Tanner
Customer reply replied 1 month ago
Updates demand letter.Richard Clyne
51 West 84th Ave #300
Denver, CO 80260
Dear ***** Clyne,
On the afternoon of March 4th 2018, I returned home from vacation to find my house located at***** Denver, CO 80204 flooded with water. Immediately I came over to your house next door (townhome) and together we turned off the water main. Shortly after, I called my insurance company and filed a claim. Immediately after that, I called Abbotts Fire and Flood. Within an hour they were at the house and started water extraction, drying & dehumidification.
On March 5th, Abbotts found the source of the water damage to be coming from the master bedroom closet on the second floor. The same day JDS Plumbing arrived and identified the issue as a finishing nail that punctured the hot water line running to the third floor. The plumber made the repair at that time.
Over the next week Abbotts continues remediation removing drywall, carpet, hardwood floors, cabinets, appliances and trim on the second, first and basement levels while using dehumidifiers and blowers to dry the wet surfaces. They completed their work on 3/19/2018.
On March 9th 2018, the insurance adjuster visited the property and estimated the repairs at $38,000 not including fees for Abbotts remediation, removal & cleanup. On March 15th 2018, the insurance company denied the claim stating the policy does not provide coverage for losses caused by or that are a result of improper construction.
The house is now inhabitable. We have found a short term lease nearby until the house repairs are finished.
Consider this letter a formal request for payment totaling all costs for remediation, home repairs and addition living expenses incurred due to the improper construction / negligence that caused the water leak and related damage. I also direct you to provide a copy of this letter to your insurance carrier. Failure to respond to this letter will give me no option but to consider legal action.
You can reach me anytime at(###) ###-####or***@******.***.
Sincerely,
Theodore Tanner

I will be away from my computer for a bit today, but I will take a look this afternoon and provide my thoughts as soon as I can.

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