Andrea C. Faverio | The CLM How pre-suit under-disclosure in construction-defect cases prejudices contractors In 2003, the Florida Legislature enacted Chapter 558 Florida Statutes, with the stated goal of “hav[ing] an alternative method to resolve construction disputes that would reduce the need for litigation as well as protect the rights of property owners.” (See Ch.… Continue reading Stuck Between Concrete and Rebar
Tag: Chapter 558
How Construction Defect Claims in Florida Expand Beyond Pre-Suit Notices
Claims Pages Florida’s Chapter 558 statute was designed to streamline construction-defect disputes and reduce litigation by requiring property owners to notify contractors of alleged defects before filing a lawsuit. This notice must reference the statute and describe the defects with enough detail to inform the contractor of the general nature of the issue. In theory,… Continue reading How Construction Defect Claims in Florida Expand Beyond Pre-Suit Notices
Make Sure You Comply with Florida’s Pre-Suit Notice Requirements for Construction Defects
David Adelstein | Florida Construction Legal Updates Welcome to Florida! If you deal with construction defects in Florida, then you know, or certainly should know, about Florida Statutes Chapter 558. Chapter 558 contains the pre-suit notice requirements before instituting a construction defect lawsuit. They are a “must know” if you practice in the construction defect world. While I may not be a… Continue reading Make Sure You Comply with Florida’s Pre-Suit Notice Requirements for Construction Defects
Serving the 558 Notice of Construction Defect Letter in Light of the Statute of Repose
David Adelstein | Florida Construction Legal Updates | October 13, 2018 Florida Statutes Chapter 558 requires a Notice of Construction Defect letter (“558 Notice”) to be served before a construction defect lawsuit is commenced. This is a statutory requirement unless contractually waived for a completed project when latent defects or post-completion construction or design defects are pursued. A recent Florida… Continue reading Serving the 558 Notice of Construction Defect Letter in Light of the Statute of Repose
Florida Supreme Court Confirms 558 is Not a Civil Proceeding, Allowing Contractors and Design Professionals to Resolve Defect Disputes as Intended by the Legislature
Brian A. Wolf and Joseph R. Young | Smith Currie & Hancock | December 14, 2017 Contractors and design professionals are entitled to notice of alleged defects in their work and the opportunity to fix them without intervention by insurance companies and needless litigation. Today, Florida’s Supreme Court in Altman Contractors, Inc. v. Crum & Forster… Continue reading Florida Supreme Court Confirms 558 is Not a Civil Proceeding, Allowing Contractors and Design Professionals to Resolve Defect Disputes as Intended by the Legislature