Serving the 558 Notice of Construction Defect Letter in Light of the Statute of Repose

Woman lying next to clock staring at it

When it is coming close to the ten-year statute of repose deadline, the safer approach is to file the lawsuit and move to stay or abate the lawsuit pending compliance with the Florida Statues Chapter 558.

November 6, 2018
David Adelstein - Florida Construction Legal Updates

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 case held that this statutory requirement is NOT intended to bar a lawsuit based on Florida’s ten-year statute of repose for construction defects IF the 558 Notice is timely served within the statute of repose period. After the expiration of the statute of repose period, a construction defect lawsuit can no longer be commenced.

Mr. Adelstein may be contacted at dma@kirwinnorris.com



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