Chapter 558 of the Florida Statutes governs construction defect claims involving both residential and commercial property. Before a property owner may file a lawsuit against a contractor, subcontractor, supplier, or design professional, the statute requires compliance with a mandatory pre-suit process. Failure to follow this procedure can result in a lawsuit being dismissed or delayed.

A construction defect generally refers to a flaw in design, workmanship, or materials that causes property damage or results in a failure to meet building codes, contract requirements, or industry standards. Common examples include roof leaks, water intrusion, structural cracking, improper installation, and code violations.

Under Chapter 558, the process begins with a written notice of claim. The property owner must send written notice to the responsible parties identifying the specific defects, the resulting damage, and the location of the issues. This notice must be served at least 60 days before filing suit, or 120 days if the claim involves a homeowners’ or condominium association with more than 20 units.

After receiving the notice, the contractor and other involved parties have the right to inspect the property, test materials, and involve experts to evaluate the alleged defects. Following inspection, the responding party may offer to repair the defects, propose a monetary settlement, dispute responsibility, or decline to respond, which allows the owner to proceed with litigation.

If repairs are offered and accepted, they must be completed within reasonable timeframes and in compliance with applicable codes and standards. If the repairs are not completed or fail to resolve the defects, the property owner may then pursue legal action.

Chapter 558 does not eliminate the right to sue or require a property owner to accept repairs or a settlement. It also does not apply to ordinary breach-of-contract disputes that do not involve construction defects. Instead, the statute creates a structured pre-lawsuit process designed to encourage resolution before litigation.

A “558 letter” is the written notice required by the statute. It must describe the alleged defects in reasonable detail, explain the damage caused, and identify the parties believed to be responsible. While the letter does not need to prove the claim, it must be specific enough to allow the recipient to understand what is being alleged and what should be inspected.

The notice is typically sent to the general contractor and any other potentially responsible parties, such as subcontractors, engineers, architects, or suppliers. Once served, the recipient generally has 45 days to respond, or 60 days for multi-family projects. During this time, inspections may occur, and the recipient may offer to repair, settle, compromise, or dispute the claim.

The purpose of Chapter 558 is to encourage early resolution, reduce litigation costs, provide builders an opportunity to correct defects, and narrow disputed issues if litigation becomes necessary. Filing suit without complying with the statute can result in dismissal or a stay of the case, causing delays and additional expense.

Florida courts require that a 558 notice contain “reasonable detail.” Courts expect identification of what is defective, where the defect exists, how it causes damage, and who may be responsible. Courts do not require expert opinions, cost estimates, engineering reports, or exact code citations. The practical test is whether the contractor can reasonably understand what is being claimed and what needs to be inspected.

Chapter 558 applies when a claim involves defective construction, design, materials, or workmanship and seeks damages for property damage, repair costs, or diminished value against a construction professional. It does not apply to personal injury claims, pure payment disputes, delay-only claims, or breaches of contract unrelated to construction defects.

In short, a Chapter 558 notice is mandatory for most Florida construction defect claims. Courts favor clarity and practicality over legal technicalities, and failing to comply with the statute can derail an otherwise valid case. When done properly, a strong 558 notice often leads to inspections, repairs, or settlement without the need for litigation.