Construction Defect Pre-Suit Notices: Here’s What You Should Know

When hiring a construction company to complete work, most people have expectations regarding the quality of work they’d like to receive. However, when the completed work is below expectations, and if a deal cannot be worked out with the company, a construction defect lawsuit may come into play. Chapter 558, Florida Statutes contains important requirements that owners must follow prior to initiating a construction defect lawsuit. Among these requirements is the mandatory pre-suit notice, otherwise known as a “Notice of Claim.” Specifically, Fla. Stat. § 558.004 sets forth that “[i]n actions brought alleging a construction defect, the claimant shall, at least 60 days before filing any actions, or at least 120 days before filing an action involving an association representing more than 20 parcels, serve written notice of claim on the contractor, subcontractor, supplier, or design professional, as applicable[.]” The Notice of Claim must also…

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