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The Construction Defect Process

Navigating The Florida Construction Defect Process (Chapter 558)
Florida law outlines a very specific process for pursuing construction defect claims. When a defect comes to light, you can't simply run straight to court. Chapter 558 of the Florida Statutes requires owners to first pursue out-of-court resolution by filing a notice of claim with the right parties within the proper time frame. Only if that process proves unfruitful can the owners proceed to litigation.

For owners and owners associations alike, navigating this process can be challenging without trusted legal counsel. Even attorneys who focus on community association law more generally may be unfamiliar with Florida's unique construction defect statute.

Why We're The Right Choice
At Tannenbaum Scro, we understand the construction defect process inside and out. Our attorneys have decades of experience helping owners and associations resolve high-stakes construction defect claims. With a board-certified specialist in construction law on our team – as well as an attorney with a background in construction management and civil engineering – we have the knowledge, credentials and industry experience to protect the rights of property owners through all stages of the process.

When To Get Us Involved
Typically, the sooner we get involved, the better. Construction defects often come to light during turnover (the transition from developer to owner control) or after the completion of a major repair project. Hiring the right inspector to uncover these defects in a timely manner is a critical step in the process. Our lawyers can connect you with the right construction experts for your specific project.

We can help you conduct a strong investigation into construction defects that will lay the groundwork for a much smoother claim down the road.

The Presuit Notice Requirement
Before pursuing a construction defect claim in court, owners must first provide written notice to the responsible parties. Depending on the issue involved, these parties might include:

  • Developers/builders
  • Contractors
  • Subcontractors
  • Engineers
  • Architects (or other design professionals)
  • Suppliers of deficient materials

This notice must contain sufficient detail about the defect and cost estimates for repairs, if available. The notified parties then have an obligation to respond within a time frame. They also have the right to inspect the premises.

The goal of this presuit notice process is to resolve claims outside of court. With the right legal counsel and construction experts on their side, associations stand a much greater chance of negotiating a favorable outcome. However, if the other parties fail to respond – or if they aren't willing to reach a fair resolution – it may be necessary to pursue a claim in court.

Trusted Guidance Through All Steps In The Process
At Tannenbaum Scro, our lawyers are adept at handling these claims through all stages of the process, from identifying defects to pinpointing the responsible parties and negotiating toward a favorable resolution. Should litigation become necessary, we are skilled at representing owners and associations in court.

Our lawyers have secured multimillion-dollar verdicts and settlements in numerous high-stakes cases.

How To Reach Us

Contact our attorneys online or by phone at 941-316-0111 or toll-free at 888-883-9441. We have convenient offices across southwest/central Florida, including Sarasota, St. Petersburg, Fort Myers, and Orlando.