What Must Happen before a Construction Defect Lawsuit in Florida?

The notice must refer to Chapter 558 and describe each alleged defect in reasonable detail, along with any known damage. Based on at least a visual inspection, it must identify each defect's location well enough for the responding party to find it. Destructive testing is not required for the notice.

Within 30 days after service, or 50 days for an association of more than 20 parcels, the person served is entitled to a reasonable inspection of the property. Within 10 days after service, or 30 days for an association representing more than 20 parcels, that person may serve a copy of the notice on each contractor, subcontractor, supplier or design professional it reasonably believes is responsible for a defect in the notice.

Within 45 days after service, or 75 days for a large association, the person served must give a written response. The response may offer to repair, offer to pay, offer both, dispute the claim, or state that the insurer will decide on payment. The claimant then has 45 days to accept or reject a settlement offer in writing.

If the claim is disputed or no timely response arrives, the claimant may file suit without further notice. Under section 558.003, a suit filed without following the chapter is stayed on timely motion until the claimant complies. Serving the notice tolls the statute of limitations for the period set out in section 558.004(10) but does not toll a statute of repose.

The chapter applies to claims for damage to property, not personal injury claims. Under section 558.003, notice is not required for a project that has not reached the stage of completion of the building or improvement. Under section 558.005(1), the chapter applies to claims based on a construction defect that has arisen after completion of a building or improvement, when the agreement to make the improvement was made after October 1, 2009, unless a claimant and a potential defendant agreed in writing to opt out of the requirements of that section. Payment disputes can lead instead to a construction lien.