Found a Construction Defect? Florida's Chapter 558 Notice Comes First

David W. Smith · Law Office of David W. Smith · October 29, 2026

You found the leak. The tile sounds hollow. The new window weeps every time it rains. Your first instinct may be to sue the contractor. In Florida, though, most construction-defect claims cannot go straight to court or arbitration. Chapter 558, Florida Statutes, requires a notice-and-opportunity-to-cure process first. If you file too early, the court will pause your case on a timely motion until you complete the steps, and you lose time while the damage keeps getting worse.

Chapter 558 covers claims for damage to property caused by an alleged construction defect after the project is complete. It does not cover personal-injury claims. Before you file a defect lawsuit, follow these three steps:

Serve a Detailed Written Notice of Claim

At least 60 days before filing (120 days for an association representing more than 20 parcels), serve a written notice that refers to Chapter 558. Serve it by certified mail, hand delivery, or courier with proof of delivery. Describe each defect in reasonable detail and identify where it is located, based on at least a visual inspection. "Various defects throughout the house" invites a fight over whether the notice complies.

Allow Inspection and Wait for the Response

The contractor is entitled to reasonable access to inspect within 30 days after service (50 for large associations). A written response is due within 45 days (75 for large associations). It may offer to repair, offer money, offer both, or dispute the claim. Keep photos, dates, and records of every visit.

Accept or Reject Any Offer in Writing Within 45 Days

If you receive a timely offer, accept or reject it in writing within 45 days. If you accept and the contractor performs as agreed, you are generally barred from suing over that claim. If there is no response, or the claim is disputed, you may generally proceed.

Serving the notice can toll the statute of limitations in defined ways, but it does not toll the statute of repose. If your project is older, talk with counsel early.

This article is for general information only and is not legal advice. It does not create an attorney-client relationship. Statutes change; confirm current Chapter 558 deadlines on Online Sunshine before you rely on them. For advice about your situation, contact the Law Office of David W. Smith.

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