Florida Construction Defect Law Chapter 558

Florida Statutes Chapter 558 — Plain-English Breakdown

Chapter 558 is Florida’s pre-suit notice and opportunity-to-repair law for construction defects.
It applies before someone files a lawsuit over defective construction.


What it actually does
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It forces the homeowner (or claimant) to:
1. Notify the contractor in writing
2. Give them a chance to inspect
3. Give them a chance to fix or settle
4. Wait before filing a lawsuit

It’s designed to avoid litigation if possible
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Timeline
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1. Notice of Claim
• Homeowner sends written notice describing defects
2. Contractor response deadlines:
• Within 5 days → Acknowledge receipt
• Within 15 days → Request inspection (optional)
• Within 45 days → Respond with one of the following:
• Offer to repair
• Offer money
• Deny claim
• Propose compromise

For associations (HOAs/condos): longer timelines (up to 75 days)
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What counts as a “construction defect”

Typically includes:
• Structural cracking
• Leaks (plumbing, pool shells, etc.)
• Improper installation
• Code violations
• Material failures
• Pool shell cracks
• Delamination
• Leak detection issues
• Improper bond coat / finish failure

Key legal effect (VERY important)
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Filing a lawsuit WITHOUT 558 compliance:
• Case can be dismissed or stayed
• Can hurt credibility
• Can delay proceedings

This affects:
• Liability exposure
• Damages
• Credibility

What 558 is NOT

Not a lawsuit. Not a determination of fault

- Not required for:
• Pure contract disputes (sometimes)
• Abandonment (in certain cases)
• Non-construction claims

Bottom line

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• Chapter 558 = mandatory pre-suit defect process
• It creates a structured negotiation window
• It’s heavily used in construction defect cases