Your Guide to Florida’s Right-to-Repair Law (and Why Contractors Should Love It)

If you work in construction in Florida, you already know disputes can happen—even on well-managed projects. What many contractors don’t realize is that Florida law gives you a built-in opportunity to fix problems before you ever set foot in a courtroom. That opportunity comes through Chapter 558 of the Florida Statutes, which sets out a mandatory pre-suit notice and right-to-cure process for construction defect claims.

Handled properly, this process can save you time, money, and stress. Handled poorly—or ignored altogether—it can result in avoidable litigation and expensive judgments. Here’s a comprehensive guide to what Chapter 558 requires, how it works, and how you can use it to your advantage.

What Chapter 558 Is—and Why It Exists

Chapter 558 was enacted to encourage resolution of construction defect disputes without immediately resorting to litigation. It’s often referred to as the “right-to-repair” law because it gives contractors and other responsible parties a chance to investigate and fix alleged defects before a lawsuit is filed.

The law applies broadly to most residential and commercial construction projects. If a property owner believes a construction defect exists—whether it’s water intrusion, foundation issues, electrical problems, or code violations—they must first give notice under Chapter 558. This allows everyone involved a chance to talk, inspect, and repair before the courts get involved.

The goal is to reduce unnecessary lawsuits, preserve business relationships, and keep projects moving forward without months (or years) of litigation.

Who Must Participate—and Who Is Exempt

Under Chapter 558, anyone alleging a construction defect must notify the parties they believe are responsible. That includes:

• General contractors
• Subcontractors
• Developers
• Design professionals (architects, engineers)
• Suppliers or manufacturers involved in the project

There are some exceptions. For example, claims involving unlicensed contracting, failures to pull required permits, or purely financial disputes (like late payments) don’t trigger Chapter 558. Knowing whether a claim qualifies is critical—both for contractors responding to notices and for property owners who must comply with the process.

Step-by-Step: How the Chapter 558 Process Works

Chapter 558 has specific deadlines and steps that both parties must follow. Here’s a breakdown of the process:

1. Notice of Claim: The property owner must send a written notice of claim at least 60 days before filing a lawsuit (or 120 days for condominium associations with more than 20 units). The notice must describe each alleged defect in reasonable detail, along with any resulting damage.

2. Inspection Period: After receiving the notice, the contractor has 30 days to inspect the property. This is your chance to examine the alleged defect, take photographs, gather records, and even perform destructive testing if necessary (with proper notice).

3. Contractor’s Response: Within 45 days of receiving the notice (or 75 days for large condo associations), the contractor must respond in writing. The response can:

• Offer to repair the defect at no cost
• Offer a monetary settlement
• Offer a combination of repairs and money
• Dispute the claim entirely

4. Owner’s Reply: The property owner then has time to review the contractor’s response and decide whether to accept, reject, or counter the offer.

5. Litigation (If Necessary): Only after this process is complete can a lawsuit be filed (unless both parties agree in writing to waive or modify the procedure).

Why This Process Matters for Contractors

For contractors and subcontractors, Chapter 558 is more than just a legal requirement—it’s a valuable tool. Here’s why:

Avoids Litigation Costs: Lawsuits are expensive and time-consuming. Resolving issues during the pre-suit process can save thousands in legal fees and months (or years) of litigation.

Protects Relationships: Offering a prompt repair or settlement shows professionalism and can help maintain goodwill with owners and developers.

Preserves Evidence: Inspections allow you to document the condition of the property before further damage occurs, which can be crucial if litigation follows.

Strategic Advantage: If a property owner fails to follow Chapter 558, you can move to dismiss or stay the lawsuit until compliance occurs—buying valuable time and possibly avoiding court altogether.

Common Mistakes to Avoid

Many contractors make errors that undermine the benefits of Chapter 558. The most common include:

Ignoring the Notice: Failing to respond within the statutory deadlines can result in losing your chance to make repairs and may hurt you in court later.

Incomplete Documentation: Not properly documenting inspections, communications, and offers can weaken your defense if the case proceeds.

Failure to Engage Counsel Early: Chapter 558 is technical. An attorney experienced in construction defect law can help you draft strong responses and preserve your defenses.

Real-World Example: A Contractor’s Success Story

Imagine you receive a Chapter 558 notice alleging roof leaks in a multi-unit building you completed two years ago. Instead of panicking, you promptly inspect the property, confirm a flashing error, and propose a repair schedule at no cost to the owner. The owner accepts, repairs are made, and the issue is resolved—no lawsuit, no legal fees, and no negative publicity.

That’s exactly how Chapter 558 is designed to work.

Key Takeaways

• Chapter 558 is a mandatory step before most construction defect lawsuits in Florida.
• It gives contractors a chance to inspect, propose repairs, and resolve disputes before litigation.
• Deadlines are strict—miss them and you risk losing your right to respond or defend effectively.
• Using this process proactively can save money, preserve relationships, and keep projects moving forward.

Final Thoughts

Construction defect claims don’t have to be a nightmare. Florida’s Chapter 558 pre-suit notice process is an opportunity to solve problems quickly, limit your liability, and protect your reputation. The key is to treat every notice seriously, act within deadlines, and approach the process as an opportunity—not just an obligation.

Facing a Construction Defect Claim? Don’t Go It Alone.

Florida’s Chapter 558 pre-suit process gives you the power to investigate, respond, and repair before heading to court — but strict deadlines mean you have to act fast.

At DuFault Law, our construction law team helps contractors, subs, and developers navigate Chapter 558 notices, craft strong responses, and resolve disputes efficiently.

• Call us at (239) 422-6400
• Email us at contact@dufaultlaw.com
• Or Visit our Contact Page to schedule a consultation