Understanding Florida’s Construction Defect Process
If you discover roof leaks, cracking stucco, or other signs of defective construction, your first instinct might be to hire a lawyer and file a lawsuit. But in Florida, most construction defect claims cannot go straight to court. Before filing suit, homeowners are required to send written notice of the alleged defects to the contractor or other responsible parties. This is known as the Chapter 558 pre-suit notice process.
What the 558 Process?
The 558 process was designed to encourage resolution of construction disputes before litigation. It begins when a homeowner sends a written notice specifically describing each defect in reasonable detail and identifying where it is located on the property. The goal is to give the contractor a chance to inspect, evaluate, and offer to repair or settle the claim without a lawsuit.
How the Timelines Work
Once the contractor receives a 558 notice, they have 45 days to perform a site inspection and 60 days total to provide a written response. These timeframes run concurrently, not back to back.
The contractor’s written response must either:
Offer to repair the defects,
Offer to pay for the damage,
Propose a combination of repair and payment, or
Deny responsibility altogether.
Once the homeowner receives the contractor’s response, they are under no obligation to accept the offer and are free to proceed with litigation if they choose.
Why Proper Notice Matters
If the required notice is not sent, most Florida courts will stay the proceedings, meaning the case is put on hold until the 558 process is completed. Skipping this step can delay your claim and increase litigation costs.
In addition, performing full repair work before giving notice can allow the contractor to argue spoliation of evidence, claiming they were deprived of a fair chance to inspect the alleged defects. In such case, any gaps in the evidence resulting from the spoliation will be construed against the homeowner.
Mitigating Damages Without Jeopardizing Your Case
Homeowners also have an obligation to mitigate their damages. That means you cannot allow a problem to worsen while waiting for the 558 process to play out. You should make only those repairs necessary to prevent further damage, such as sealing leaks or drying out moisture, and, when possible, notify the contractor before doing so that some evidence may be spoliated.
If emergency work must be performed, document everything, including photos, videos, and invoices, to preserve your claim and reduce the risk of a spoliation defense.
An Opportunity, Not Just a Barrier
While it can feel like an unnecessary barrier to litigation, the 558 process often helps both sides reach a practical resolution and avoid the expense and uncertainty of a lawsuit. When handled correctly, it can save significant time and money and even repair working relationships.
Contact Us
At Keough Construction Law, we guide homeowners and contractors through the Chapter 558 process from start to finish. We ensure notices are properly served, deadlines are met, contractors are held accountable, and your rights are protected at every stage.
If you are facing defective construction or are a contractor who has received a a 558 notice, contact our office in Dunedin, Florida to discuss your options.
Transparent flat-fee pricing. No surprise legal bills.
Prepared by Attorney Kyle J. Keough, October 2025
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship.
