| name | construction-defect-complaint |
| title | Construction Defect Complaint |
| description | Drafts U.S. construction defect complaints against contractors, developers, and design professionals with pre-suit notice compliance, defect-specific allegations, and element-based causes of action. Use when drafting a construction defect complaint, defective construction lawsuit, builder defect pleading, or Right to Repair/NOR compliant complaint. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/construction-defect-complaint |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | construction |
| language | en |
Construction Defect Complaint
Drafts a litigation-ready construction defect complaint that pleads defect facts, satisfies pre-suit prerequisites, and survives early dismissal.
Prerequisites
Gather before drafting:
- Property: address, legal description, ownership chain, acquisition date
- Project docs: contracts, plans/specs, change orders, warranties, completion dates
- Defect evidence: photos, inspections, expert reports, repair estimates
- Communications: notices sent/received, repair attempts, inspection access logs
- Pre-suit requirements: notice statutes, opportunity-to-repair rules, certificate-of-merit rules
- Limitations: statute of limitation, statute of repose, discovery dates, tolling facts
- Defendants: entity names, roles, license info, registered agents, contract chain to plaintiff
Complaint Structure
Draft sections in this order:
- Caption — court, parties, case number placeholder
- Parties — plaintiff standing/ownership; each defendant's role and contract chain
- Jurisdiction/Venue — subject-matter basis, personal jurisdiction, venue facts
- Background — project scope, dates, contract price, warranties (attach contracts)
- Defect Allegations — system-by-system using template below (attach photos/reports)
- Pre-Suit Compliance — notice dates, method, responses, inspection access (attach notices)
- Damages — repair costs, loss of use, diminution, consequential (attach estimates)
- Causes of Action — separate counts with element-matched facts
- Prayer — relief tailored to claims and statutes
- Jury Demand — if requested
- Verification — if required by local rules
Defect Allegation Template
Repeat for each defect system or location:
Defect: [Component/system]
Defendant(s): [Entity + trade role]
Observed condition: [Specific defect]
Discovery date: [Month/Year]
Manifestation: [Leak/crack/failure pattern]
Cause: [Improper install/material defect/design error]
Resulting damage: [Water intrusion, mold, structural movement, etc.]
Supporting evidence: [Report/Photo/Estimate ID]
Cause of Action Checklist
Include only claims supported by facts:
