Construction Defects

Defect disputes often begin before litigation ever starts.

Florida construction defect disputes often involve Chapter 558, which creates pre-suit notice and opportunity-to-repair procedures for certain construction defect claims. The Chapter 558 notice of claim is a condition precedent to filing many construction defect lawsuits, meaning the statutory notice and process must be followed before a lawsuit can proceed.

This section covers Chapter 558 Notice of Claim, Chapter 558 Response, and Construction Defect Litigation. These issues may involve owners, contractors, subcontractors, developers, design professionals, insurers, and suppliers.

Chapter 558 establishes a structured process in which the claimant must provide notice of the alleged defects, and the responding party has an opportunity to inspect, respond, and potentially repair or resolve the claim before litigation. Failure to comply with these requirements can delay or affect the ability to pursue a construction defect claim.

Construction defect claims may also affect Florida Construction Lien Law, Breach of Construction Contract, payment disputes, final payment, retainage, and project closeout. An owner may withhold payment because of alleged defects, while a contractor may assert lien or contract rights for unpaid work.