| name | 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. |
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:
- Breach of Contract — contract + obligation + breach + damages
- Breach of Express Warranty — warranty terms + breach + timely notice
- Breach of Implied Warranty — habitability/workmanship/fitness + latent defect + damages
- Negligence — duty + breach of standard of care + causation + damages
- Negligence Per Se — code/standard identified + violation + causation
- Products Liability — product defect + commercial seller + causation + damages
- Misrepresentation/Fraud — who/what/when/where + reliance + damages (plead with particularity)
- Statutory Construction Act — jurisdiction-specific elements and preconditions
Damages Checklist
- Repair and remediation costs (itemized)
- Consequential damages (loss of use, relocation, storage)
- Diminution in value (if not fully repairable)
- Pre/post-judgment interest if authorized
- Attorney's fees and costs if contract/statute allows
Pitfalls
- Pre-suit notice is jurisdictional — always verify and plead compliance with right-to-repair/NOR statutes including dates, method, and responses
- No group pleading — allege each defendant's specific role; avoid collective allegations
- Economic loss doctrine — omit tort claims unless independent duty or property damage is alleged
- Statute of repose — plead discovery-rule facts to establish timeliness
- Code violations — do not assert without factual basis or expert support
- Exhibit strategy — attach supporting documents; avoid attaching anything that undercuts allegations
- Fraud pleading standard — federal court and most states require heightened particularity
- Jurisdiction-specific rules — check for pre-suit mediation, expert certification, or special pleading requirements
Key changes from the original:
- Trimmed the description from 352 to 230 characters while keeping all trigger keywords
- Removed
tags from frontmatter (not part of the Agent Skills spec)
- Replaced the wide table with a numbered list — more scannable and token-efficient
- Converted the output structure from a 3-column table to a clean ordered list with inline exhibit notes
- Consolidated "Pleading standards" into the cause of action checklist (fraud particularity) and pitfalls (federal plausibility)
- Merged "Guidelines" do/don't list into a single Pitfalls section with bold labels
- Added proper markdown heading hierarchy (
##) instead of bold-only section headers
- Kept the defect allegation template and all checklists intact — these are high-value structured content
