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): Claimant must serve written Notice of Claim at least 60 days before filing suit (120 days for associations)
- Fla. Stat. Section 558.004(1)(a): Notice must describe each defect in reasonable detail
- Fla. Stat. Section 558.004(2): Contractor may inspect within 30 days of notice
- 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)(c) provides:
| Claim Type | Limitations Period | Repose Period |
|---|---|---|
| Patent Defects | 4 years from discovery | 10 years from completion |
| Latent Defects | 4 years from discovery | 10 years from completion |
| Contract | 5 years (written) | N/A |
Important: The 4-year limitations period runs from discovery, but no action may be commenced after 10 years from substantial completion, completion of the contract, or issuance of certificate of occupancy (whichever is latest).
D. Implied Warranties in Florida
Florida recognizes:
-
Implied Warranty of Habitability: Builders warrant new homes are fit for habitation. Gable v. Silver (Fla. 1972), 264 So.2d 418.
-
Implied Warranty of Fitness for Particular Purpose: Where builder knows buyer's intended use.
-
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
| Item | Details |
|---|---|
| Property Address | [COMPLETE ADDRESS] |
| County | [COUNTY], Florida |
| Property Type | [ ] Single-family home [ ] Condominium [ ] Townhouse [ ] Multi-family |
| Year Built | [YEAR] |
| Square Footage | [SQUARE FEET] |
| Current Owner(s) | [NAME(S)] |
| Date of Purchase | [DATE] |
| Purchase Price | $[AMOUNT] |
B. Project Information
| Item | Details |
|---|---|
| Project Type | [ ] New construction [ ] Remodel [ ] Addition [ ] Repair |
| General Contractor | [NAME] |
| FL License No. | [NUMBER] |
| License Type | [ ] State Certified [ ] Registered |
| Contract Date | [DATE] |
| Contract Amount | $[AMOUNT] |
| Substantial Completion | [DATE] |
| Certificate of Occupancy | [DATE] |
| Warranty Period | [DESCRIBE] |
C. Parties Involved
General Contractor:
- Name: [NAME]
- License Number: [NUMBER]
- Qualifier: [NAME]
- Address: [ADDRESS]
- Contact: [PHONE/EMAIL]
Subcontractors:
| Trade | Company Name | License No. | Work Performed |
|---|---|---|---|
| [TRADE] | [NAME] | [NUMBER] | [DESCRIPTION] |
| [TRADE] | [NAME] | [NUMBER] | [DESCRIPTION] |
Design Professionals:
| Role | Name | License No. | Scope |
|---|---|---|---|
| Architect | [NAME] | [NUMBER] | [DESCRIPTION] |
| Engineer | [NAME] | [NUMBER] | [DESCRIPTION] |
III. DESCRIPTION OF DEFECTS
Pursuant to Fla. Stat. Section 558.004(1)(a), the following describes each claimed construction defect 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
| Defect | Location | Est. Repair Cost | Related Damages |
|---|---|---|---|
| [DEFECT 1] | [LOCATION] | $[AMOUNT] | $[AMOUNT] |
| [DEFECT 2] | [LOCATION] | $[AMOUNT] | $[AMOUNT] |
| SUBTOTAL - Repair Costs | $[AMOUNT] | ||
| Consequential Damages | $[AMOUNT] | ||
| Expert/Investigation Costs | $[AMOUNT] | ||
| Temporary Housing | $[AMOUNT] | ||
| Loss of Use | $[AMOUNT] | ||
| TOTAL ESTIMATED DAMAGES | $[AMOUNT] |
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 construction violates the Florida Building Code, which is negligence per se.
VI. CHAPTER 558 NOTICE REQUIREMENTS
A. Your Rights and Obligations
Pursuant to Fla. Stat. Section 558.004, upon receipt of this Notice of Claim:
- Inspection Right: You may inspect the property within 30 days of this notice
- Response Required: Within 45 days after receiving this notice (or completing inspection, whichever is later), you must serve written response
B. Required Response Options
Per Fla. Stat. Section 558.004(5), your response must include one of:
- Offer to Remedy: Written offer to repair all or part of the defects
- Offer to Settle: Monetary settlement offer
- Combination: Offer to repair some and pay for others
- Dispute: Written statement that you dispute the claim
If offering to remedy, your offer must include:
- Description of proposed repairs
- Timetable for completion
- Identification of contractors to perform repairs
C. Response Timeline
| Action | Deadline |
|---|---|
| Contractor inspection | 30 days from Notice |
| Contractor response | 45 days from Notice (or inspection completion) |
| Minimum pre-suit period | 60 days |
D. Consequences of Non-Response
Per Fla. Stat. Section 558.004(11), failure to comply with Chapter 558:
- Claimant may proceed with litigation after 60 days
- Non-compliant party may be barred from challenging damages evidence
- Court may impose sanctions for failure to participate in good faith
VII. DEMAND FOR INSPECTION ACCESS
We will provide reasonable access for inspection per Fla. Stat. Section 558.004(2). To schedule:
- Contact our office in writing within 30 days
- Propose inspection dates during reasonable hours
- Identify all persons who will attend
- Identify any experts participating
- 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 recognizes spoliation claims. Failure to preserve evidence may result in adverse inference instructions, sanctions, and independent tort liability.
IX. INSURANCE INFORMATION REQUEST
Per Fla. Stat. Section 558.004(15), please provide:
- Name of general liability insurance carrier
- Policy number and limits
- Name of professional liability carrier (if applicable)
- Claims department contact information
- Evidence of insurance in effect at time of construction
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 as required by Fla. Stat. Section 558.004(5). Failure to respond will result in litigation after the 60-day notice period expires.
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:
- 60-day notice mandatory (120 for associations)
- Contractor has 30 days to inspect
- Contractor has 45 days to respond (75 for associations)
- Failure to comply may affect recovery
- 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 associations
- 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.