Chapter 558 Notice of Claim

A Chapter 558 notice is not optional when the statute applies.

A Chapter 558 Notice of Claim is a pre-suit notice used in Florida construction defect disputes. Chapter 558 requires certain procedures before a claimant may bring a legal action for alleged construction defects. The statute includes notice requirements and an opportunity for inspection, response, and possible repair or settlement. The notice of claim is a condition precedent to many construction defect lawsuits, and under section 558.003, Florida Statutes, failure to serve the required notice will result in the lawsuit being stayed until the claimant complies.

A Chapter 558 notice may identify alleged defects involving workmanship, design, materials, code compliance, water intrusion, structural issues, roofing, stucco, windows, doors, waterproofing, concrete, plumbing, electrical, HVAC, or other construction components.

The notice stage is important because it frames the dispute before litigation begins. Contractors, subcontractors, and design professionals should evaluate the allegations, inspect the property, preserve evidence, notify insurers if appropriate, and determine whether to offer repair, settlement, denial, or another response.

Chapter 558 issues often overlap with Breach of Construction Contract, Construction Litigation, Construction Arbitration and Mediation, Unpermitted Construction Work, Delay Claims, and payment disputes involving Claim of Lien.Related Services

Chapter 558 Response

Construction Defect Litigation

Breach of Construction Contract

Construction Litigation

Unpermitted Construction Work