Chapter 558: How Florida’s Notice and Opportunity to Repair Law Can Help Contractors

If you’re a contractor working in Florida, facing a construction defect claim can feel like a major threat, not only to your reputation, but also to your bottom line. However, Florida law gives you a valuable tool that many contractors don’t fully understand or use to their advantage: Chapter 558 of the Florida Statutes, also known as the Notice and Opportunity to Repair law.

This pre-suit procedure can help contractors, subcontractors, suppliers, and design professionals resolve disputes before they escalate into costly litigation. But in order to benefit from it, you need to know how it works, and how to respond when you receive a Chapter 558 notice.

What Is Florida Chapter 558 and How Does It Work for Contractors?

Florida Chapter 558 is a statute that creates a formal process to resolve construction defect claims before a lawsuit is filed. It applies to residential and commercial property claims involving alleged construction defects.

Under Chapter 558, a property owner must give notice of the alleged defect and give the contractor an opportunity to inspect and repair the issue before filing suit. This is known as the “Notice and Opportunity to Repair” process.

This law is designed to reduce unnecessary litigation and give contractors a chance to address concerns without ending up in court.

What Triggers the Chapter 558 Pre-Suit Notice Requirement?

If a property owner believes there’s a defect in the construction, they are required to follow this process:

1. Send a written notice to the contractor, describing in detail each alleged defect and the damage it caused.
2. Allow the contractor at least 60 days (or 120 for large-scale claims) to inspect the property and propose a remedy, such as repairs, a settlement offer, or a dispute of the claim.

Contractors must be given the opportunity to inspect and respond before the owner can sue. If the owner skips this step, a court may dismiss the lawsuit for failure to comply with Chapter 558.

How Does Chapter 558 Help Contractors in Florida?

1. Avoids Costly Litigation

Chapter 558 is one of the few laws that can actually keep contractors out of court if handled correctly. It offers a chance to resolve the issue informally, often through repair or compromise, saving legal fees and the risk of a judgment.

2. Provides Time to Investigate

When contractors receive a Chapter 558 notice, they get a clear heads-up about the claim before it turns into a lawsuit. You have time to:

• Review the allegations
• Conduct your own inspection
• Consult with legal counsel
• Collect documentation and subcontractor input

3. Helps Shift Responsibility

If the issue is related to a subcontractor’s work or defective materials supplied by a third party, the Chapter 558 process allows you to bring those parties into the discussion early. That way, responsibility can be more accurately assigned before things escalate.

4. Preserves Business Relationships

For contractors working on high-value or repeat client properties, handling claims under Chapter 558 can preserve relationships. Rather than rushing into adversarial litigation, the pre-suit process allows for resolution and professionalism.

How Should Contractors Respond to a Chapter 558 Notice?

Here’s what to do if you receive a Chapter 558 construction defect notice in Florida:

1. Take it seriously. This is not just a casual complaint, it is the legal step before litigation.
2. Engage an experienced construction attorney immediately. Time is limited and your response must be strategic.
3. Schedule an inspection. Do this within the 30-day window and document everything.
4. Gather your records. Collect all contracts, change orders, invoices, communications, and photos related to the project.
5. Coordinate with any subcontractors or suppliers. If you believe others may be responsible, notify them and get their input.
6. Prepare your response. You must reply in writing, offering to repair, pay, or deny the claim. Your attorney will help you draft this carefully.

What Happens If You Ignore a Chapter 558 Notice?

Failing to respond to a Chapter 558 notice doesn’t stop the owner from suing, it actually makes it easier for them. If you ignore the notice or fail to engage with the process:

• You lose your chance to fix the issue before it becomes a legal problem.
• The court may view your inaction negatively.
• You risk missing the opportunity to resolve the dispute without litigation costs.

Contractors who respond properly often avoid lawsuits altogether or go into litigation with a stronger legal position.

Can Chapter 558 Be Used as a Defense in Court?

Yes. If a property owner files a lawsuit without following the Chapter 558 procedure, you can assert a Chapter 558 defense. Florida courts may stay or dismiss the case until the pre-suit process is followed.

That’s why it’s critical to understand how Chapter 558 defense in Florida works and how to properly assert it through your legal counsel.

Why You Need a Construction Litigation Attorney for Chapter 558 Claims

Responding to a Chapter 558 notice isn’t just about fixing a problem, it’s about protecting your business from unnecessary liability. At our firm, our attorneys regularly advise contractors and developers on how to:

• Properly respond to pre-suit notices
• Shift liability when applicable
• Use Chapter 558 as a defense in court
• Prepare for litigation, if needed

We understand how construction businesses operate and how to position them favorably within Florida’s legal framework.

Final Takeaway: Use Chapter 558 to Your Advantage

If you’re a Florida contractor, Chapter 558 is more than just a technicality, it’s a powerful tool that can prevent lawsuits, protect your reputation, and help you manage risk. But like any legal process, it must be handled carefully and strategically.

If you’ve received a Chapter 558 notice or want to understand how to use the law to your benefit as a contractor, contact one of our experienced business attorneys in Florida at (305) 570-2208.

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

You can also schedule a case evaluation here.