Dealing With Construction Defects in Florida

Nobody wants their construction project to have defects, but sometimes it happens. When it does, it is important to act quickly and understand your legal rights.

Fortunately, Florida has laws in place to protect contractors, homeowners, and associations as well as ways to resolve disputes.

What the Law Says

Chapter 558 of the Florida Statutes outlines the procedure for dealing with construction defects. It establishes a pre-suit procedure for many construction defect claims, with the idea of encouraging early resolution (such as inspection, repair, or settlement) before litigation.

Under Chapter 558, a defect is defined as a deficiency in the design, specifications, surveying, planning, supervision, construction, repair, alteration, or remodeling of real property, resulting from one of the following:

• Defective materials, products, or components
• Failure of design to meet professional standards in effect at governmental approval
• Failure to construct in accordance with accepted trade standards and workmanship

Chapter 558 also outlines the pre-lawsuit process:

• Before filing a lawsuit, the claimant must serve a written notice of claim on the contractor, subcontractor, supplier, or design professional, referencing Chapter 558.
• The notice must describe in reasonable detail each alleged defect, its location, and, if known, the damage or loss.
• For claims against an association of more than 20 parcels, the prior-notice period is 120 days (versus 60 days for other claims).
• The claimant should try to send notice within 15 days after discovery, though failure to do so does not automatically bar the claim.
• Within 30 days after notice (or 50 days for association cases), the party who was given notice may perform a reasonable inspection of the property to assess the alleged defects.
• The property owner must provide reasonable access during normal working hours for the inspection.
• The inspection may include destructive testing, but only by mutual agreement, and subject to certain notice, restoration, timing, and cost-sharing rules.
• If the claimant refuses reasonable destructive testing, the claimant may lose claims for damages that could have been avoided or mitigated. § 558.004(2)
• Within 10 days (or 30 days in association cases), the recipient of notice may forward a copy to contractors, subcontractors, suppliers, or design professionals believed to be responsible for defects, identifying which defects they are responsible for.
• The respondent must respond, potentially with offers to repair, pay, or compromise.
• Service of the notice pauses the statute of limitations for up to 90 or 120 days (or 30 days after acceptance of an offer).

Chapter 558 does not explicitly provide any remedies or penalties. The only specific sanction for failing to comply with the procedural requirements is a stay of the action until the claimant complies . No dismissal or forfeiture of rights apply. While the statute is designed to encourage settlement, it does not force resolution.

Contact Us Today

Construction defects can happen to any project. When they do, homeowners and associations need to take action.

Filing a claim for construction defects can help resolve these issues, but navigating the process is not easy. A Bradenton construction defects lawyer from Cahall Law Firm can help you protect your legal rights. Schedule a consultation today by calling (941) 281-2019 or filling out the online form.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0558/Sections/0558.005.html