Chapter 558 Response and Right to Cure

A Chapter 558 response is not just an evaluation. It is a position.

After receiving a Chapter 558 Notice of Claim, the responding party must act within a defined statutory framework. Section 558.004, Florida Statutes, requires a written response within 45 days after service of the notice of claim, unless the parties agree to extend the time. The response must state whether the claim is disputed, whether repairs will be made, whether a monetary settlement is offered, or whether a combination of repair and payment is proposed.

The response process is not just an evaluation. It requires a position. The responding party must decide whether to deny the claim, offer to repair, offer a monetary resolution, or a combination of both.

Inspections are a critical part of the process. Section 558.004 provides the responding party with a right to inspect the property, including destructive testing in some circumstances, subject to coordination and agreement. The findings from these inspections often shape the response and any repair or settlement proposal.

A Chapter 558 response must also account for insurance coverage, contractual obligations, and coordination with other potentially involved parties. A premature denial, an unsupported repair proposal, or a response that conflicts with insurance positions or project records can create problems later in litigation. At the same time, failing to respond properly may forfeit opportunities to resolve the dispute early or limit available defenses.

Chapter 558 disputes may affect payment. An owner may withhold money based on alleged defective work, while a contractor may pursue Claim of Lien, Breach of Construction Contract, or Payment Bond Claims if payment is improperly withheld.

Montesino Law assists with Chapter 558 responses, inspections, repair demands, settlement negotiations, and litigation strategy.