Understanding Florida’s Chapter 558: What You Must Know Before Filing a Construction Defect Lawsuit
By St. Johns Law Group – Construction Law Attorneys in St. Augustine
Before a property owner in Florida can file a lawsuit over construction defects, they’re required by law to follow the pre-suit process outlined in Chapter 558, Florida Statutes. This process—often referred to as the Notice and Opportunity to Repair (NOR) procedure—isn’t just a formality. It’s a powerful tool that can help all parties avoid costly litigation by encouraging early resolution.
Whether you’re a homeowner, developer, contractor, or design professional, understanding your obligations under Chapter 558 is essential to protecting your rights and minimizing risk.
What Is Chapter 558 and Why Does It Matter?
Chapter 558 is Florida’s statutory pre-suit process for construction defect claims. It applies to both residential and commercial properties and requires that the claimant serve written notice of the alleged defect before filing a lawsuit.
The law gives the party alleged to be at fault—typically a contractor, subcontractor, supplier, or design professional—the right to inspect the property and propose a repair or settlement before litigation begins.
This process helps:
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Reduce unnecessary lawsuits
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Give contractors a chance to fix their work
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Encourage early settlement
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Preserve relationships between parties
What Must the Notice Include?
The written 558 Notice of Claim must:
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Be served at least 60 days before filing a lawsuit (or 120 days for large projects involving 20+ homes)
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Describe the alleged defect(s) in reasonable detail
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Identify the location of each defect
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Be served on all responsible parties, not just the general contractor
What Happens After the Notice Is Sent?
The party receiving the 558 Notice has the right to:
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Inspect the property
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Hire experts to evaluate the defect
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Request clarification from the claimant
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Respond in writing within 45 days (75 days for large projects)
Their response may include:
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An offer to repair the defect
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An offer to settle for a monetary amount
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A dispute of the claim, refusing to repair or settle
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An offer contingent on the claimant triggering a warranty or insurance policy
If a satisfactory resolution is reached, litigation may be avoided. If not, the claimant may then proceed with filing a lawsuit.
Pro Tip: Document the inspection. Whether the owner or the contractor, take photographs and notes during the inspection.
Common Issues in Chapter 558 Cases
At St. Johns Law Group, we’ve seen how Chapter 558 claims often arise in connection with:
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Water intrusion and roof leaks
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Stucco or EIFS failures
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Foundation cracks and settlement
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Defective windows or doors
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HVAC or plumbing failures
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Code violations and construction negligence
Whether you’re filing a 558 Notice or responding to one, strict statutory timelines and procedural accuracy matter. A misstep can delay your claim or weaken your legal position.
Who Needs to Understand Chapter 558?
This law affects more than just homeowners. It applies to and protects:
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Property owners and HOAs
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Developers and builders
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General contractors and subcontractors
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Material suppliers
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Design professionals (architects, engineers, surveyors)
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Insurers and sureties
Construction Dispute Attorneys in Northeast Florida
At St. Johns Law Group, our construction law team represents both claimants and respondents in Chapter 558 matters throughout:
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St. Augustine
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Ponte Vedra
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Nocatee
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Palm Coast
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St. Johns, Duval, Flagler, and Clay Counties
We draft and serve 558 Notices, respond on behalf of contractors and design professionals, coordinate inspections, and resolve disputes through negotiation, mediation, or litigation if necessary.
📞 Need Help with a Construction Defect or 558 Notice?
If you’re facing a construction defect issue—or have received a 558 Notice—contact St. Johns Law Group today. We’ll help you understand your rights, preserve your options, and work toward the best resolution possible.
📱 Call: (904) 495-0400
📧 Email: info@sjlawgroup.com
🌐 Visit: www.sjlawgroup.com