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

In the construction world, disputes can escalate quickly—especially when property owners claim construction defects. But what many contractors don’t realize is that Florida law gives you a valuable early defense tool that can help you resolve problems before they turn into full-blown lawsuits.

It’s called the Notice and Opportunity to Repair Law, commonly referred to as Chapter 558, and if you’re a Florida contractor, subcontractor, or construction professional, you should be using it to your advantage.

At Ayala Law, we represent contractors across Florida in both residential and commercial construction matters, and we’ve seen firsthand how Chapter 558 can de-escalate disputes, reduce liability, and even prevent litigation altogether.

What Is Florida’s Chapter 558 Notice of Claim Law?

Under Chapter 558 of the Florida Statutes, property owners are required to give contractors written notice of alleged construction defects before filing a lawsuit. This gives the contractor an opportunity to inspect the issue and offer to repair, settle, or dispute the claim—all without immediately getting dragged into court.

In other words, it’s a mandatory pre-suit process designed to encourage resolution without litigation.

Why Was Chapter 558 Created?

Chapter 558 was created because construction defect litigation can be expensive, time-consuming, and often avoidable.

The Florida Legislature passed Chapter 558 to:

• Encourage early communication between owners and contractors
• Reduce the number of lawsuits
• Give contractors a fair chance to fix or respond to claims before litigation
• Protect contractors from surprise legal action over alleged defects

How Does the Chapter 558 Process Work for Contractors?

Here’s what typically happens in a 558 claim:

1. Owner Sends a Written Notice of Claim

The property owner must send a detailed notice describing the alleged defects at least 60 days before filing a lawsuit (120 days for claims involving an association with 20+ parcels).

2. Contractor Has 30 Days to Inspect and Respond

Once you receive the notice, you have 30 days (or 50 days in large-scale cases) to:

• Inspect the property
• Request more information
• Provide a written response

3. Contractor Can Offer to:

• Repair the defect
• Pay a monetary settlement
• Dispute the claim entirely
• Or even offer a combination of the above

If no resolution is reached after the response period, the owner can proceed with filing a lawsuit.

Why Contractors Should Take Chapter 558 Seriously

Here’s why the Chapter 558 process is actually in your favor:

• It gives you a chance to resolve the issue early—without going to court.
• You control the response timeline and approach (repair, deny, settle).
• It shows good faith to insurers and future juries if the case goes to trial.
• It helps avoid default judgments or getting blindsided by litigation.

And just as importantly, you may be able to resolve the issue without admitting liability, especially if you’re offering to repair in order to move the project forward.

Do I Need a Lawyer for a Chapter 558 Response?

While Florida law doesn’t require you to have a lawyer to respond, having legal counsel is highly recommended. Your response, whether it’s an offer to repair, a denial, or a settlement proposal, could be used later if the case goes to court.

At Ayala Law, we help contractors:

• Review and evaluate 558 notices
• Craft tailored responses that protect your interests
• Negotiate repair terms or settlements
• Communicate with opposing counsel or insurers
• And, if necessary, defend you in court

What Happens If You Ignore a 558 Notice?

Ignoring a Chapter 558 notice is a mistake. While it doesn’t stop the owner from eventually filing a lawsuit, it:

• Eliminates your chance to resolve things early
• Could hurt your credibility in court
• Might be viewed negatively by a judge or jury

Worse, if you respond improperly (or too late), you could lose leverage in negotiating or defending your position later.

Final Thoughts: Chapter 558 Is a Tool—Use It Wisely

As a Florida contractor, Chapter 558 is more than just a pre-suit notice—it’s an opportunity to protect your business, maintain relationships, and potentially avoid costly litigation. Handled properly, a 558 notice can turn a confrontation into a resolution.

If you’ve received a Chapter 558 notice or anticipate a dispute over construction work, contact an experienced business and trademark attorney in Miami at 305-570-2208.

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

Schedule a case evaluation online here.

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].