How does Florida’s Chapter 558 pre-suit process work for construction defect claims?

Before filing most construction defect lawsuits in Florida, a property owner must complete the pre-suit process under Chapter 558, known as the Notice and Opportunity to Repair Act. The owner must serve a written notice describing each alleged defect in reasonable detail — generally at least 60 days before filing suit, or 120 days for claims involving 20 or more residences — and give the responsible party an opportunity to inspect the property and to offer to repair, settle, or dispute the claim. This process applies to both residential and commercial projects and to anyone in the design, construction, or supply chain. It is a mandatory precondition to litigation, and Florida courts have reaffirmed that a suit filed without completing it can be stayed until the process is done. The parties may also agree to mediate the dispute as part of this process.