Florida Statute 558.001 deals with construction defects to residential structures and alternative methods to resolve conflicts associated with same. This statute is laid out both for contractors and design professionals for new construction and remodeling projects. There is specific language and requirements to name the statute in ones contract that protect all parties. Essentially, the statute gives an opportunity to repair or fund the repair of an alleged defect before litigation. The statute requires 60 days notice to the contractor on residential and 120 days for an association with more than 20 parcels. The notice of the claim must provide “reasonable detail” and include damage or loss if known and the location of each construction defect that does not necessarily require destructive testing. Within 30 days after service of the notice of claim (residential) and 50 days (commercial) the person served shall make arrangements to inspect alleged defects. If it is believed that destructive testing is required, that person should notify the claimant in writing, describe the testing and which areas of the property it may impact, as well as the financial responsibility to repair the building components affected by same. It is important to note that if the claimant refuses to agree and permit reasonable and destructive testing, the claimant loses the right for damages that could have been avoided or mitigated had destructive testing been allowed. In addition to the primary contractor there are allowances for subcontractors to be enjoined. Right to remedy shall be served within 45 days (75 commercial) and offer to remedy the alleged construction defect at no cost to the claimant and include details of the proposed repairs and time frame for same or a cash offer, or some combination of the two. Nothing in this statute prevents the claimant or person with alleged defects to conduct reasonable emergency repairs. Please refer to the specific statute as attached. Complete provides these services very often on both sides of this fence throughout the state of Florida.
View the entire Florida 558 Construction Defects Statute here.