Chapter 558 Construction Defect Presuit Mandates: What Florida Property Owners and Contractors Need to Know

If you’ve discovered a construction defect in your Florida property, whether it’s a cracked foundation, a leaky roof, or faulty stucco, you may be eager to take legal action. But before filing a lawsuit, Florida law requires you to follow a specific process known as the Chapter 558 presuit notice procedure.

This process is often misunderstood. Many property owners don’t even realize it’s required. But skipping this step or doing it incorrectly can delay your case, or worse, jeopardize your legal rights altogether.

At Ayala Law, we help both property owners and contractors navigate Chapter 558 notices and responses properly and strategically. This blog post breaks down the 558 process, explains who it applies to, and walks you through what you can expect.

What Is Chapter 558 of the Florida Statutes?

Chapter 558, Florida Statutes, is a mandatory presuit process designed to give construction professionals, like contractors, subcontractors, and developers, a chance to address alleged construction defects before a lawsuit is filed. In short, it’s a required “heads-up” process that encourages resolution and repairs before the courts get involved.

Why Was Chapter 558 Created?

The Florida Legislature enacted Chapter 558 to reduce litigation in the construction industry and encourage early resolution of claims. It gives contractors and builders a chance to inspect and repair alleged defects, and gives property owners an opportunity to get defects fixed without the time and cost of going to court.

Who Must Comply With Chapter 558?

Chapter 558 applies to:

• Homeowners or property owners alleging a construction defect
  
• Contractors, subcontractors, suppliers, and design professionals being accused of a defect
  
• Both residential and commercial construction projects
  

Exceptions:

• If you’re filing a claim solely for personal injuries (not property defects), Chapter 558 does not apply.
• If your case involves a public transportation project or government entity, the statute may not apply.
• Emergency repairs do not require notice under 558.

Still unsure? Contacting a construction litigation attorney early can help you determine whether the Chapter 558 process applies to your situation.

What Is Considered a Construction Defect Under Chapter 558?

A “construction defect” under Florida law can include problems with:

• Design
• Materials
• Workmanship
• Code violations
• Failure to meet contract specifications
• Water intrusion
• Structural issues
• HVAC, electrical, or plumbing deficiencies

Essentially, if the work performed on your property is faulty or doesn’t meet accepted industry standards, it may qualify as a defect under Chapter 558.

What Are the Steps in the Chapter 558 Presuit Process?

Step 1: Notice of Claim

The process starts when the property owner sends a written “Notice of Claim” to the contractor (and any relevant parties), describing:

• The defect(s)
• The location of the defect(s)
• The damages or concerns observed

This must be done at least 60 days before filing a lawsuit, or 120 days if it’s a large commercial project (more than 20 parcels).

Important: The notice must be sent via certified mail, return receipt requested, or by another method that provides legal proof of delivery.

Step 2: Contractor’s Response

The contractor has 30 days to respond, during which they may:

• Inspect the property
• Request more information or documents
• Offer to repair the defect
• Offer to settle monetarily
• Dispute the claim entirely

This gives both sides an opportunity to resolve the issue without going to court.

Step 3: Acceptance, Rejection, or Mediation

The property owner can:

• Accept the contractor’s offer (to repair or settle)
• Reject the offer and proceed with litigation
• Suggest alternatives or request mediation

What Happens If You Skip the Chapter 558 Process?

If you file a lawsuit without following Chapter 558:

• The court can dismiss or stay the case until you comply
• You could lose momentum or leverage in your claim
• It may signal to the court that you didn’t follow proper legal procedures

For contractors, failure to properly respond or inspect can result in lost opportunities to defend or cure the alleged defect early on.

Can Chapter 558 Notices Be Used in Court?

Generally, communications and responses made during the Chapter 558 process are not admissible in court, and are considered settlement discussions. This encourages both sides to speak freely in hopes of reaching a resolution.

However, you still want to approach the process carefully, with legal guidance, since the content of your notice or response can shape how the litigation unfolds.

How Long Does the Chapter 558 Process Take?

Here’s a rough timeline:

• Notice sent: Day 0
• Contractor response deadline: ~Day 30
• Inspection and negotiations: ~Day 30–60+
• Lawsuit can be filed: After 60 or 120 days, if no resolution is reached

Delays can occur depending on how responsive each party is and whether experts or inspections are involved.

Why You Need a Lawyer for Chapter 558 Construction Defect Cases

Even though Chapter 558 is meant to reduce litigation, it’s still a legally technical process. A misstep, like sending an incomplete notice or missing a deadline, can hurt your position later.

At Ayala Law PA, we represent both property owners and construction professionals in:

• Drafting or responding to Chapter 558 notices
• Coordinating inspections and repairs
• Preserving your right to sue, if needed
• Pursuing (or defending) construction litigation when it becomes necessary

We’re here to make sure your case is handled strategically from day one.

Conclusion: Chapter 558 Isn’t Just Paperwork—It’s Strategy

If you’re dealing with a construction defect in Florida, don’t assume you can skip straight to court. Chapter 558 is not optional, and how you handle it can impact your entire case.

Whether you’re a homeowner with a serious defect or a contractor facing a claim, contact one of our experienced business attorneys in Miami at 305-570-2208.

You can also contact trial attorney Eduardo A. Maura at eduardo@ayalalawpa.com.

Schedule a case evaluation online here.