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What is a 558 claim in Florida?

CHAPTER 558, FLORIDA STATUTES, CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY BRING ANY LEGAL ACTION FOR AN ALLEGED CONSTRUCTION DEFECT IN YOUR HOME.

What constitutes a construction defect?

Construction defects include improperly designed materials, poor workmanship, and failure to follow construction codes. Any deficiency in a building project can be considered a construction defect, including: Defective architectural designs. Lack of planning or supervision.

What is the 558 process in Florida?

Chapter 558 of the Florida Statutes broadly governs construction disputes. The Statute generally requires that owners (i.e., associations) provide a pre-suit notice to developers, contractors, subcontractors, material suppliers and/or design professionals before the commencement of legal action against any of the

What is an example of a construction defect?

Examples can include new construction with water intrusion, faulty drains, cracks in the foundation, or settlement problems caused by inadequate grading and drainage.

What is the statute of limitations for construction negligence in Florida?

Current Law Currently, the law allows a construction defect claim to be filed within the following time frames. For a patent, or an obvious/known defect the lawsuit must be filed within four years from the date of the later of the: Owners actual possession. Issuance of a certificate of occupancy.

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What is considered a construction defect in Florida?

A construction defect is any flaw in the design, workmanship, or materials of a structure which results in a failure of one or more of the structures components.

What is the statute of limitations on construction contracts in Florida?

Overview of statute The prior version of Section 95.11(3)(c), Florida Statutes, set forth a 4-year statute of limitations for construction claims and a 10-year statute of repose.

What is considered defect in workmanship?

Workmanship defects are flaws in the building process. It can happen due to minor issues on jobsites, related to site conditions or a lack of skill in a particular area. For example, laying a slab for a house that is not level can be a workmanship defect that impacts the rest of the house.

How long is a home builder responsible for defects in Florida?

Every state places a time limit on how long a construction business is liable for alleged defects. In Florida, the time limit to make a claim is generally 4 years from when the defect is discovered (or should have been discovered), under Floridas statute of limitations for defect claims.

What is considered a construction defect Florida?

A construction defect is defined by the Florida Statute as, A deficiency in, or arising out of, the design, specifications, surveying, planning, supervision, or observation of construction, or the construction repair, alteration, or remodeling of real property. Persons claiming construction defect may recover for

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