A letter arrives from a general contractor claiming that your work caused water damage in a building you finished months ago. The letter may cite Chapter 558, Florida’s pre-suit process for construction defect claims, which requires written notice and gives the recipient a chance to inspect and respond before a lawsuit begins.
Understanding what the notice requires may help you protect your business and resolve the complaint without a lawsuit.
Chapter 558 requires notice before a defect lawsuit
The party bringing the claim must deliver the notice and then wait 60 days before filing suit, or 120 days for an association representing above 20 parcels. The claimant may serve any responsible party directly, or the general contractor may forward a copy to each subcontractor it reasonably believes is responsible, identifying the alleged defects.
Subcontractors must respond within 15 days
If you receive a copy of the notice, you must serve a written response on the contractor within 15 days after service, or 30 days for a large association, to preserve your settlement rights. Your response must include a report of any inspection you conducted, if applicable, and at least one of the following:
- an offer to fix the defect at no cost
- an offer to pay to settle the claim
- a combination of both.
Your other options are to state that you dispute the claim and will not settle, or that your insurer will decide on payment within 30 days after being formally served with the claim.
Disputing or ignoring the notice lets the claimant sue without further notice
If you dispute the claim or do not respond in time, the claimant or contractor may sue you without further notice. Ignoring the notice does not make the claim go away, and it costs you the chance to settle early or inspect and repair the work before litigation begins.
Every notice is different, and your deadline starts when you receive the formal copy. A Florida construction attorney can review the notice, explain your options and help you prepare a response before the deadline passes.