Construction Defect Demand Letter - Florida

CONSTRUCTION DEFECT DEMAND LETTER

STATE OF FLORIDA

NOTICE OF CLAIM PURSUANT TO FLORIDA STATUTE CHAPTER 558

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND REGULAR FIRST-CLASS MAIL

[DATE]

[CONTRACTOR/BUILDER NAME]
[ADDRESS]
[CITY, STATE ZIP]
Florida Contractor License No.: [LICENSE NUMBER]

Re: NOTICE OF CLAIM UNDER CHAPTER 558, FLORIDA STATUTES
Property Address: [PROPERTY ADDRESS]
Owner: [OWNER NAME]
Original Contract Date: [DATE]
Substantial Completion Date: [DATE]

Dear Sir or Madam:

This firm represents [OWNER NAME] ("Owner" or "Claimant") regarding construction defects at the above-referenced property. This letter constitutes formal Notice of Claim pursuant to Chapter 558, Florida Statutes, providing you with the statutory opportunity to inspect, offer to repair, and/or settle this claim before litigation is commenced.

THIS IS A STATUTORY NOTICE OF CLAIM REQUIRED UNDER FLORIDA LAW. YOUR TIMELY RESPONSE IS REQUIRED.

I. FLORIDA-SPECIFIC LEGAL FRAMEWORK

A. Chapter 558 Notice Requirements

This Notice of Claim is provided pursuant to Fla. Stat. Sections 558.001-558.005, which establishes mandatory pre-litigation procedures for construction defect claims:

Key Requirements:

• Fla. Stat. Section 558.004(1)(a): Claimant generally must serve written Notice of Claim at least 60 days before filing suit (120 days for an association representing more than 20 parcels), subject to the statute's earlier-filing routes
• Fla. Stat. Section 558.004(1)(b): Notice must describe each defect in reasonable detail and identify its location sufficiently to enable inspection without undue burden
• Fla. Stat. Section 558.004(2): The recipient may inspect within 30 days of notice (50 days for an association representing more than 20 parcels)
• Fla. Stat. Section 558.004(5): Contractor must respond within 45 days (75 days for associations) with offer to remedy, settle, or dispute

B. Covered Parties and Defects

Chapter 558 applies to:

• Contractors (general and specialty)
• Subcontractors and suppliers
• Design professionals (architects, engineers)
• Material manufacturers

Covered defects include deficiencies in design, specifications, surveying, planning, supervision, testing, construction, and repair.

C. Statute of Limitations and Repose

Fla. Stat. Section 95.11(3)(b) provides the current limitations and repose periods. HB 837 (ch. 2023-15) renumbered the construction provision from former (3)(c) to (3)(b); SB 360 (ch. 2023-22), effective April 13, 2023, shortened the repose period and changed its triggers.

Important: The 4-year limitations period runs from the earliest of the triggering events below (or, for latent defects, from discovery), but no action may be commenced more than 7 years after the earliest of: (1) issuance of a temporary certificate of occupancy, (2) issuance of a certificate of occupancy or certificate of completion, or (3) the date of abandonment of construction if not completed. SB 360 (2023) reduced the repose from 10 to 7 years, made the trigger the earliest (formerly the latest) event, and removed "actual possession" and "completion/termination of contract" as triggers. Warranty or repair work performed within the scope of the building permit does not extend the deadline, and each building in a multi-building project is treated as its own improvement.

D. Implied Warranties in Florida

Florida recognizes:

1. Implied Warranty of Habitability: Builders warrant new homes are fit for habitation. Gable v. Silver (Fla. 1972), 264 So.2d 418.

2. Implied Warranty of Fitness for Particular Purpose: Where builder knows buyer's intended use.

3. Implied Warranty of Good Workmanship: Construction must be performed properly.

E. Contractor Licensing

Under Fla. Stat. Section 489.101 et seq., contractors must be licensed:

• State Certified: May work statewide
• Registered: Limited to specific jurisdiction
• Unlicensed contracting is a criminal offense
• Unlicensed contractors cannot recover on contracts

II. PROPERTY AND PROJECT INFORMATION

A. Property Description

B. Project Information

C. Parties Involved

General Contractor:

• Name: [NAME]
• License Number: [NUMBER]
• Qualifier: [NAME]
• Address: [ADDRESS]
• Contact: [PHONE/EMAIL]

Subcontractors:

Design Professionals:

III. DESCRIPTION OF DEFECTS

Pursuant to Fla. Stat. Section 558.004(1)(b), the following describes each claimed construction defect and its location in reasonable detail:

DEFECT #1: [TITLE - e.g., ROOF WATER INTRUSION]

Location: [Specific location within the property]

Description: [Detailed description of the defect, including how it manifests, when discovered, and progression]

Building Components Affected:
☐ Foundation/Slab ☐ Framing ☐ Roofing ☐ Exterior walls/Siding/Stucco ☐ Windows/Doors
☐ Plumbing ☐ Electrical ☐ HVAC ☐ Insulation ☐ Drywall/Interior finishes
☐ Flooring ☐ Waterproofing ☐ Drainage ☐ Pool/Spa ☐ Other: [SPECIFY]

Florida Building Code Violations:
☐ Florida Building Code - Building
☐ Florida Building Code - Residential
☐ Florida Building Code - Plumbing
☐ Florida Building Code - Mechanical
☐ Florida Building Code - Electrical
☐ Manufacturer's Installation Instructions
☐ Industry Standards (ASTM, ASCE, etc.)

Evidence of Defect:
[Per Section 558.004(1)(b), describe any inspection reports, expert opinions, photographs, or other evidence]

Date First Observed: [DATE]

Estimated Cost to Repair: $[AMOUNT]

DEFECT #2: [TITLE]

[REPEAT FORMAT ABOVE FOR EACH DEFECT]

IV. SUMMARY OF DEFECTS AND DAMAGES

V. LEGAL BASIS FOR CLAIMS

A. Breach of Contract

You failed to perform construction in accordance with contract terms, plans, specifications, and Florida Building Code.

B. Breach of Express Warranty

You provided express warranties which you have breached.

C. Breach of Implied Warranty of Habitability

Under Florida law, builders impliedly warrant that new homes are fit for habitation. Gable v. Silver, 264 So.2d 418 (Fla. 1972).

D. Breach of Implied Warranty of Good Workmanship

Construction must be performed in a workmanlike manner.

E. Negligence

You owed a duty of care and breached that duty, proximately causing damages.

F. Violation of Florida Building Code

The alleged Florida Building Code violation(s) are [IDENTIFY CODE PROVISION AND FACTS]. If a material violation caused damage and the statutory conditions are met, Claimant also asserts the civil action provided by Fla. Stat. § 553.84.

VI. CHAPTER 558 NOTICE REQUIREMENTS

A. Your Rights and Obligations

Pursuant to Fla. Stat. Section 558.004, upon receipt of this Notice of Claim:

1. Inspection Right: You may inspect the property within 30 days after service of this notice (50 days for a notice involving an association representing more than 20 parcels).
2. Response Required: You must serve a written response within 45 days after service of this notice (75 days for such an association notice). Completion of an inspection does not extend that deadline.

B. Required Response Options

Per Fla. Stat. Section 558.004(5), your response must include one of:

1. Offer to Remedy: Written offer to repair all or part of the defects
2. Offer to Settle: Monetary settlement offer
3. Combination: Offer to repair some and pay for others
4. Dispute: Written statement that you dispute the claim
5. Insurer Determination: Written statement that an insurer will determine a monetary payment within the statutory 30-day process

If offering to remedy, your offer must include:

• Description of proposed repairs
• Timetable for completion

C. Response Timeline

D. Consequences of Non-Response

Under Fla. Stat. § 558.004(6), if you dispute the claim and decline both remedy and settlement, or fail to respond within the applicable 45- or 75-day response period, Claimant may sue on the noticed claim without further notice. Section 558.004(1)(c) permits that filing before the general 60- or 120-day notice period expires. Section 558.004(11) limits trial to noticed defects and those reasonably related to or caused by them. Separately, subsection (15) permits discovery sanctions in later litigation for failing to provide materials requested under that subsection; it does not impose a general sanction for declining settlement.

VII. DEMAND FOR INSPECTION ACCESS

We will provide reasonable access for inspection per Fla. Stat. Section 558.004(2). To schedule:

1. Contact our office in writing within the applicable 30-day inspection period (50 days for an association representing more than 20 parcels)
2. Propose inspection dates during reasonable hours
3. Identify all persons who will attend
4. Identify any experts participating
5. Describe any destructive testing (requires advance approval)

Contact Information:
[LAW FIRM NAME]
[ADDRESS]
[PHONE]
[EMAIL]

VIII. PRESERVATION OF EVIDENCE

Preserve all documents and materials relating to construction:

• All contracts, subcontracts, and purchase orders
• Plans, specifications, and drawings (including as-builts)
• Building permits and inspection records
• All change orders and modifications
• Inspection reports and quality control records
• All correspondence
• Construction photographs
• Daily logs and progress reports
• Product data sheets and submittals
• Warranties and insurance documents
• Soils and geotechnical reports

Spoliation Warning: Florida does not recognize an independent tort cause of action for first-party spoliation of evidence (Martino v. Wal-Mart Stores, Inc., 908 So. 2d 342 (Fla. 2005)), but the loss or destruction of relevant evidence by a party carries serious consequences: discovery sanctions under Fla. R. Civ. P. 1.380 and, where the missing evidence hinders the claimant's ability to prove its case, a rebuttable presumption of negligence against the spoliator (Pub. Health Trust of Dade Cnty. v. Valcin, 507 So. 2d 596 (Fla. 1987)).

IX. INSURANCE INFORMATION AND DOCUMENT REQUESTS

Liability insurance disclosure — Fla. Stat. Section 627.4137. Each insurer that does or may provide liability coverage for this claim must, within 30 days of a claimant's written request, provide a sworn statement identifying: the name of the insurer, the name of each insured, the limits of liability coverage, any coverage defense the insurer reasonably believes available, and a copy of the policy. We hereby request that disclosure:

1. Name of general liability insurance carrier
2. Policy number and limits
3. Name of professional liability carrier (if applicable)
4. Claims department contact information
5. Copy of policy in effect at time of construction

Chapter 558 document exchange — Fla. Stat. Section 558.004(15). Separately, upon written request citing subsection (15) and offering to pay reasonable reproduction costs, the parties shall exchange within 30 days design plans, specifications and as-built plans; photographs and videos of the alleged defects; expert reports describing the defect; subcontracts; purchase orders for the allegedly defective work; and maintenance records related to the discovery, investigation, causation, and extent of the alleged defect.

X. SETTLEMENT DEMAND

To resolve this matter without litigation:

Option A - Repair by Contractor:

1. Complete repair of all defects within [NUMBER] days
2. Repairs performed by licensed contractors
3. All repairs warranted for [NUMBER] years
4. Payment of investigation costs: $[AMOUNT]
5. Payment of attorney's fees: $[AMOUNT]

Option B - Monetary Settlement:
Payment of $[AMOUNT] within 30 days.

XI. CONCLUSION

Please respond within 45 days (75 days for an association representing more than 20 parcels) as required by Fla. Stat. Section 558.004(5). If you do not respond on time, Claimant may file suit without further notice under subsection (6), subject to any other applicable filing requirements.

Respectfully submitted,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
Florida Bar No. [NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]

Attorneys for [OWNER NAME]

ENCLOSURES:
☐ Photographs of defects
☐ Expert report(s)
☐ Repair estimates
☐ Copy of construction contract
☐ Correspondence history

cc: [OWNER NAME]
[INSURANCE CARRIER - via separate notice]
Florida DBPR/Construction Industry Licensing Board (if applicable)

FLORIDA-SPECIFIC PRACTICE NOTES

Chapter 558 Compliance Critical:

• General notice is 60 days (120 for an association representing more than 20 parcels), subject to the earlier-filing routes in § 558.004(1)(c)
• Recipient has 30 days to inspect (50 days for an association representing more than 20 parcels)
• Recipient has 45 days to respond (75 for an association representing more than 20 parcels)
• An untimely or adverse response may allow suit without further notice under § 558.004(6)
• Service must comply with statutory requirements

Hurricane/Wind Damage Considerations:

• Florida has specific wind resistance requirements
• Hurricane shutters and impact windows
• Roof-to-wall connections critical
• Consider High Velocity Hurricane Zone (HVHZ) requirements

Condominium/HOA Claims:

• Chapter 558 has specific provisions for associations
• 120-day notice period for an association representing more than 20 parcels
• Board approval requirements
• Consider both unit owner and common element claims

Contractor Licensing:

• Verify license at www.myfloridalicense.com
• State certified vs. registered contractors
• Qualifier requirements
• Construction Industry Licensing Board complaints

Common Florida Defects:

• Stucco/EIFS failures
• Chinese drywall issues
• Roof wind damage
• Water intrusion (hurricanes, humidity)
• Foundation issues (sinkholes, soil)
• Pool construction defects

Expert Requirements:

• Complex cases require qualified experts
• Florida Building Code expertise important
• Consider destructive testing protocols

This template is for informational purposes only and does not constitute legal advice. Florida construction defect law has strict procedural requirements. Consult a licensed Florida attorney before use.