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Chapter 558 Florida Statutes requires a property owner to serve a written notice of claim before suing over a construction defect. The notice must go to the contractor, subcontractor, supplier, or design professional at least 60 days before filing, or 120 days for larger associations. The party served may then inspect the property and must respond in writing within 45 days.
In practice, the statute creates a mandatory pause. As a result, owners, associations, and contractors need to understand each step before a dispute reaches court or arbitration. This guide walks through the timeline, the content of the notice, the response options, and the traps that catch parties every year.
What Is Chapter 558 Florida Statutes?
Chapter 558, sometimes cited as Florida Statute 558, is Florida’s construction defect pre-suit statute under Florida law. The Legislature adopted it as another way to resolve construction disputes and to cut the need for litigation (section 558.001). In short, it forces both sides to talk before anyone files a claim. The official statutory text is short, but every subsection carries a deadline.
The chapter applies to any “action” for damages or indemnity caused by an alleged construction defect. In fact, the statutory definition of an action covers both civil lawsuits and arbitration proceedings (section 558.002(1)). It does not cover administrative actions or personal injury claims.
A “construction defect” is defined broadly. It includes defects caused by faulty materials or components, violations of the building codes that apply and that give rise to a claim under section 553.84, design that failed the professional standard of care, and work that falls short of accepted trade standards for good and workmanlike construction (section 558.002(5)).
Who Must Use the 558 Notice Process, and When
The claimant is the property owner. That term includes a later buyer and a condominium, cooperative, homeowners’, or mobile home association (section 558.002(3)). Contractors, subcontractors, suppliers, and design professionals cannot be claimants under the chapter.
The 558 notice of claim must be served before the claimant files any action alleging a construction defect. However, the statute has a timing limit at the front end as well. Notice is not required for a project that has not yet reached completion of the building or improvement (section 558.003). Completion usually means the issuance of a certificate of occupancy, temporary or otherwise, or a similar approval (section 558.002(4)).
What happens if a claimant skips the Chapter 558 notice of claim? The court does not dismiss the case. Instead, on a timely motion, the court must stay the action without prejudice until the claimant complies (section 558.003). That stay costs time and money, so most claimants serve the notice first.
The chapter also applies by default. Unless the claimant and the potential defendant agreed in writing to opt out, the process governs every covered claim (section 558.005(1)).
Chapter 558 Florida Statutes Deadlines: Step-by-Step Timeline
The chapter runs on a series of short clocks. Most deadlines run from service of the notice of claim. Service means certified mail with a postal record of delivery or attempted delivery, hand delivery, or a courier with written evidence of delivery (section 558.002(9)). Associations representing more than 20 parcels get longer periods at every stage.
Deadline Summary: Standard Claims vs. Large Association Claims
- Serve the notice of claim before filing: at least 60 days before filing, or at least 120 days for an association with more than 20 parcels.
- Inspection window for the party served: within 30 days after service, or 50 days for a large association claim.
- Forward the notice to subcontractors, suppliers, or design professionals: within 10 days after service, or 30 days for a large association claim.
- Forwarded parties respond: within 15 days after service of the copy, or 30 days for a large association claim.
- Written response to the claimant: within 45 days after service, or 75 days for a large association claim.
- Claimant accepts or rejects an offer: within 45 days after receiving it.
- Statute of limitations tolled: until the later of 90 days after service (120 days for association claims) or 30 days after an accepted repair or payment period ends.
The 15-Day Target for Serving a 558 Notice
The statute also asks claimants to try to serve the notice within 15 days after finding a defect. Missing that 15-day target does not bar the claim (section 558.004(1)(c)). Even so, early service starts the tolling clock sooner, which matters for older buildings.
What the Notice of Claim Must Contain
The notice of claim must refer to Chapter 558. It must describe in reasonable detail the nature of each alleged construction defect and, if known, the damage or loss the defect caused (section 558.004(1)(b)). It must also identify the location of each defect well enough that the responding party can find it without undue burden.
The location requirement rests on at least a visual inspection by the claimant or its agents. The claimant has no obligation to perform destructive testing to prepare the notice. Also, a claimant may list multiple defects in one notice and may amend the list as new defects become known (section 558.004(11)). Only noticed defects, and defects reasonably related to them, proceed to trial.
If the defect arises from work performed under a contract, the notice must be served on the person the claimant contracted with (section 558.004(1)(a)). For example, an owner who hired a general contractor serves the general contractor rather than the roofing subcontractor. The general contractor then decides whether to forward the notice down the chain.
Inspection, Destructive Testing, and Document Exchange
Once served with the notice of claim, the contractor or other party served may perform a reasonable inspection of the property. The claimant must provide reasonable access during normal working hours, and the party served must arrange the timing to limit the number of inspections (section 558.004(2)).
Destructive testing requires mutual agreement. The party served must describe the testing, the person who will perform it, the expected damage and repairs, the time involved, and who pays for repairs. In addition, the testing cannot leave the property unlivable, and the claimant may observe it. A claimant who refuses reasonable destructive testing loses any damages that the testing and a prompt feasible remedy could have avoided.
The chapter also includes an early document exchange. Upon a written request that cites section 558.004(15) and offers to pay copying costs, each side must produce within 30 days its plans, specifications, as-built drawings, photographs and videos, expert reports, subcontracts, purchase orders, and maintenance records. Privilege claims remain available. Expert reports exchanged at this stage usually cannot be used in a later lawsuit unless the expert testifies.
How the Contractor Must Respond to a Construction Defect Claim
Within 45 days after service, or 75 days in a large association case, the party served must serve a written response (section 558.004(5)). The statute gives five options:
An offer to repair the defect at no cost, with a detailed description of the planned repairs and a timetable.
An offer to settle by monetary payment, with a payment timetable.
A mix of repairs and payment.
A statement that the party served disputes the claim and will neither repair nor settle.
A statement that the insurer of the party served will determine any payment within 30 days after the claim is served on the insurer.
A party who disputes the claim, or who does not respond in time, clears the way for the claimant to file suit without further notice (section 558.004(6)). As a result, silence is a choice with consequences, not a safe harbor.
Accepting or Rejecting a 558 Notice Response
A claimant who receives a timely settlement offer must accept or reject it in writing within 45 days (section 558.004(7)). If the claimant accepts a repair offer and the offeror performs on time and as agreed, the claimant is barred from suing on that noticed claim (section 558.004(8)). If the offeror fails to perform, the claimant may proceed. Offers, and the failure to make them, are not admissions of liability and are inadmissible in a later action (section 558.004(9)). Emergency repairs needed to protect health and safety remain allowed.
The party served should also act within 10 days (30 days for large associations) if they want to forward the notice to subcontractors, suppliers, or design professionals they believe are responsible (section 558.004(3)). Forwarding is not an admission. Those parties must respond to the forwarding party within 15 days, or 30 days for large associations (section 558.004(4)).
Tolling, Statutes of Limitation, and the Repose Trap
Serving the Chapter 558 notice of claim tolls the statute of limitations under Florida law as to every person covered by the chapter and any bond surety. The tolling lasts until the later of 90 days after service (120 days for association claims) or 30 days after the end of an accepted repair or payment period (section 558.004(10)). The parties may extend that period by agreement.
The statute of repose is different. Since July 1, 2019, a notice of claim does not toll any statute of repose under chapter 95 (section 558.004(1)(d), added by chapter 2019-75, Laws of Florida). The Legislature added this language after Gindel v. Centex Homes, 267 So. 3d 403 (Fla. 4th DCA 2018), which had treated service of a pre-suit notice as starting an action for repose purposes. That reasoning no longer applies.
The Four-Year and Seven-Year Periods Under Section 95.11
The governing periods appear in section 95.11(3)(b). As amended by chapter 2023-22 (effective April 13, 2023), a claim founded on the design, planning, or construction of an improvement to real property must be filed within four years. The clock runs from the earliest of the temporary certificate of occupancy, the certificate of occupancy, the certificate of completion, or the abandonment of construction. For a latent defect, the four years run from discovery or from when the defect should have been discovered with due diligence. In any event, the seven-year statute of repose runs from the same triggers. For related deadlines on written contracts, see our guide to Florida’s contract limitations periods.
The practical lesson under Florida construction law is simple. Claimants near the seven-year mark cannot rely on the notice to preserve the claim. They may need to serve the notice and file the action, then accept a stay while the process runs.
Chapter 558 Florida Statutes and Arbitration Clauses, Insurance, and Contract Language
Many construction contracts contain arbitration clauses. Chapter 558 anticipates this. If an arbitration clause in a contract for the sale, design, construction, or remodeling of real property conflicts with section 558.004, the statute controls (section 558.004(14)). Because the definition of an action includes arbitration, a claimant must serve the notice before filing a demand for arbitration as well. Our discussion of arbitration clauses in construction contracts explains how those provisions interact with statutory pre-suit steps.
Insurance is the second overlap. In Altman Contractors, Inc. v. Crum & Forster Specialty Insurance Co., 232 So. 3d 273 (Fla. 2017), the Florida Supreme Court held that the Chapter 558 pre-suit process is an “alternative dispute resolution proceeding” within a commercial general liability policy’s definition of “suit.” As a result, an insurer’s duty to defend may be triggered during the notice process, where the insurer consents to the insured taking part. Contractors should therefore put their carriers on notice quickly.
Contract language is the third area where construction law and Chapter 558 intersect. Written contracts between an owner and a contractor, or an owner and a design professional, entered after October 1, 2009 must contain substantially this statement: “ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES.” Leaving out the language carries no penalty (section 558.005(6)). Parties may also agree in writing to pre-action mediation or to change the notice procedure (section 558.005(4)).
Practical Checklist for Owners and Contractors
Confirm the project reached completion; if not, the notice is not yet required.
Calendar the four-year and seven-year periods under section 95.11(3)(b) before doing anything else.
Serve the notice of claim by certified mail, hand delivery, or courier, and keep the delivery record.
Describe each defect, its location, and known damage, based on at least a visual inspection.
Contractors: forward the notice of claim to responsible subcontractors within 10 days and notify the insurer.
Arrange a single inspection, and put any destructive testing agreement in writing.
Serve a written response within 45 days, choosing one of the five statutory options.
Claimants: accept or reject any offer in writing within 45 days.
Use the section 558.004(15) document exchange to assess the claim early.
Check the contract for an opt-out, a mediation clause, or an arbitration clause before filing.
Frequently Asked Questions
Yes. The statute defines an “action” to include any arbitration proceeding for damages or indemnity from an alleged construction defect. If an arbitration clause conflicts with section 558.004, the statute controls.
The court will not dismiss the case for that reason alone. Instead, on a timely motion by a party, the court must stay the action without prejudice until you comply with the Chapter 558 notice requirements. The delay usually costs more than serving the notice first.
It tolls the statute of limitations, but not the statute of repose. Tolling lasts until the later of 90 days after service (120 days for association claims) or 30 days after an accepted repair or payment period ends. The seven-year repose period under section 95.11(3)(b) keeps running.
Yes, if the claimant and the potential defendant agree in writing. The parties may also agree to pre-action mediation or to modify the notice procedure. Without such an agreement, the statutory process applies.
Conclusion
Chapter 558 Florida Statutes turns a construction defect dispute into a series of short deadlines. Owners and associations must serve a detailed notice of claim, allow inspection, and respond to offers on time. Contractors, subcontractors, suppliers, and design professionals must inspect, respond within 45 days, and involve their insurers early. Handled well, the process can resolve claims without a lawsuit. Handled poorly, it can waive defenses, forfeit damages, or let the repose period expire.
Transnational Matters PLLC handles construction defect, lien, and payment disputes across Florida through our construction law practice and our construction arbitration desk. If you have received or need to serve a notice of claim, contact our team to discuss the deadlines and options that apply to your project.
