Florida Chapter 558 Claims – Construction Defect Pre-Suit Process

Construction Law Attorneys | St. Johns Law Group | St. Augustine, FL

What Is Chapter 558, Florida Statutes?

Florida’s Chapter 558 is known as the “Notice and Opportunity to Repair Act.” It requires property owners to give contractors and other responsible parties written notice of alleged construction defects before filing a lawsuit. This process allows for early resolution, inspections, and potential repairs—avoiding costly litigation when possible.

12 Attorneys and 265+ Years of Combined Experience

Dedicated Construction Attorney Shaun Saliba

If you’re involved in a construction defect dispute in Florida—whether you’re a property owner, contractor, subcontractor, or design professional—you must understand how Chapter 558 affects your rights and responsibilities.

Purpose of Chapter 558

The statute is intended to:

• Encourage early communication and resolution

• Reduce construction litigation

• Provide an opportunity for contractors to inspect and repair alleged defects

• Protect parties from being blindsided by lawsuits without a chance to fix the issue

It applies to residential and commercial construction projects and covers both new construction and improvements to existing structures.

Key Requirements Under Chapter 558

Here’s what the law generally requires:

558 Notice

The property owner must serve a written notice of claim describing the defect in reasonable detail, at least 60 days before filing a lawsuit (120 days for claims involving 20+ residences).

Inspection Opportunity

The contractor and other parties have the right to inspect the property and the alleged defects.

Pro Tip: Regardless of whether the contractor or owner, photograph and document the conditions during the inspection.

Written Response Options

Within 45 days (or 75 days for large claims), the contractor must respond in writing with one or more of the following:

• Offer to repair the defect

• Offer to settle with a monetary payment

• Dispute the claim entirely

• Invoke rights under a warranty or insurance policy

Failure to respond may result in litigation proceeding without further notice.

Who Is Covered?

Chapter 558 applies to any person or entity involved in the design, construction, or supply chain of the project, including:

• General contractors

• Subcontractors

• Material suppliers

• Engineers

• Architects

• Developers

• Property owners (residential & commercial)

Consequences of Ignoring Chapter 558

Failure to comply with Chapter 558 can result in:

• Dismissal of your lawsuit

• Loss of legal leverage

• Missed opportunity to resolve the claim early

• Increased litigation costs and exposure

For defendants, failing to respond to a 558 Notice may weaken your defense or open you up to bad faith claims under your insurance policy.

Pro Tip: Trying to compromise is little effort compared to a protracted dispute.

How We Help – For Owners, Builders & Subcontractors

At St. Johns Law Group, our construction attorneys represent both claimants and respondents in Chapter 558 matters. We provide:

• Preparation and service of detailed 558 Notices

• Review of allegations and guidance on response strategy

• Coordination of inspections and expert evaluations

• Settlement negotiations or repair agreements

• Litigation if early resolution fails

Our goal is to protect your rights while exploring all avenues for cost-effective dispute resolution.

Serving Clients Across Northeast Florida

We represent homeowners, builders, developers, and professionals in:

• St. Augustine & St. Augustine Beach

• Ponte Vedra & Ponte Vedra Beach

• Nocatee

• Palm Coast

• Flagler, St. Johns, Duval, and Clay Counties

Whether you need to file a Chapter 558 Notice or respond to one, our team is here to guide you through every step.

📞 Contact St. Johns Law Group for Help with Chapter 558 Claims

Don’t navigate the pre-suit construction defect process alone. Florida’s Chapter 558 process is complex and time-sensitive—but with the right legal counsel, it can be an effective tool to resolve issues and avoid unnecessary litigation.

Call: 📞 (904) 495-0400
Email: ✉️ info@sjlawgroup.com
Visit: 🌐 www.sjlawgroup.com