On May 27, 2003, Governor Bush signed into law a new procedure that must be followed prior to the filing of a construction defects lawsuit.  Florida Statute Section 558 applies to residential construction (including condos) and only requires notice of defects involving defective materials, violation of applicable building codes, design malpractice, or failure to employ workmanlike construction methods.

The new procedure goes as follows:

• 60 days before the owner can file a lawsuit, he/she must serve a written “notice of claim” on the construction professional.
• The construction professional then has the right to inspect the alleged defect within 5 days.
• The construction professional must serve a copy of the “notice of claim” to any other construction professional who he thinks may be responsible for the alleged construction defect within 10 days.  (This other construction professional also has the right to inspect).
• The construction professional must respond with a written offer to remedy the claim, a written offer of settlement or a written dispute of claim.
• The claimant has 15 days to accept or reject the offer.  However, if the claimant is an association, the time frame to accept or reject the offer is 45 days.
• The claimant can file a lawsuit without further notice if he/she rejects the offer.
• The claimant can file a lawsuit without further notice if the construction professional rejects the claim.
• The claimant can file a lawsuit without further notice if the construction professional fails to meet the agreed timetable to remedy or settle the claim

For more information, please call us at (954) 229-1008.