Discovering a serious defect in a home or commercial building does not mean a lawsuit can be filed right away. Florida law requires property owners to follow a specific pre-suit process first, and skipping it can stall a case before it ever reaches a courtroom.
The Statute That Controls This Process
Florida’s construction defect statute, Chapter 558, requires a property owner to serve written notice of an alleged defect on the contractor, subcontractor, supplier, or design professional before filing suit. This notice and repair process applies to both residential and commercial properties.
What The Notice Itself Must Contain
The notice of claim must describe each alleged defect in reasonable detail and, if known, identify the resulting damage or loss. It must be specific enough that the party receiving it can locate the defect without undue burden, though the property owner is not required to perform destructive testing just to prepare the notice.
The Timeline Once Notice Is Served
Generally, notice must be served at least 60 days before filing suit, or 120 days for larger projects involving more than 20 units. The responding party typically has around 30 days to request an inspection and 45 days to provide a written response, which may include an offer to repair, an offer to pay for repairs, or an outright denial of liability.
Why Skipping This Step Backfires
If a property owner files suit without first complying with Chapter 558, the responding party can move to stay the litigation until proper notice has been served. Law Offices of Franks, Koenig & Neuwelt has seen courts enforce this stay consistently once the issue is raised. Florida courts have treated this requirement as mandatory rather than optional, and appellate decisions have reinforced that trial courts must enforce the stay rather than let the case proceed around it.
What This Process Does Not Cover
Chapter 558 does not apply to every dispute involving a construction project. It generally does not cover claims based solely on personal injury, disputes over unpaid contract balances unrelated to a defect, or situations involving necessary emergency repairs that cannot wait for the notice process to run its course.
What To Gather Before Sending A Notice Of Claim
Preparing a thorough notice from the outset helps move the process along:
- Photographs and, where available, video documenting each alleged defect
- Any available design plans, specifications, or as-built drawings
- A written description of when and how each defect was discovered
- Records of any related repair estimates already obtained
Preparing A Chapter 558 Notice In West Palm Beach
Because the notice must meet specific statutory requirements to be effective, a poorly drafted notice can create delays even when the underlying defect claim is strong. A West Palm Beach construction defect lawyer can help prepare a notice that satisfies Chapter 558 and positions the claim for either repair or further action.
Responding To A Notice As A Contractor Or Design Professional
The process runs in both directions. A West Palm Beach construction defect lawyer can help a contractor or design professional evaluate a notice, coordinate the inspection window, and prepare a timely written response.
Because Chapter 558 is treated as a mandatory step rather than a formality, getting the notice and response right the first time avoids delays that can add months to an already complicated dispute. If you are dealing with a construction defect matter in West Palm Beach, reach out to our office to go over where your situation stands under this process.
