Florida Statute 558.004 is part of the Construction Defects Statute, and it outlines the specific requirements for a pre-suit notice of claim in cases involving construction defects. This statute is designed to allow parties involved in a construction dispute—typically property owners and contractors—the chance to resolve issues before resorting to formal legal action.

Here’s a more detailed breakdown of Florida Statute 558.004:

1. Pre-Suit Notice of Claim Requirement

Under Fla. Stat. 558.004, before a property owner or other claimant can file a lawsuit regarding construction defects, they must send a written notice of claim to the contractor, subcontractor, supplier, or design professional who may be responsible for the alleged defects. This statute requires that the notice be sent at least 60 days before initiating a lawsuit.

2. Notice Content

The notice must contain certain elements to be considered valid:

• Identification of the Property: The property address where the defect is located.
• Description of the Defect: A detailed description of the alleged construction defect(s) and any damages related to those defects. This must be clear enough for the recipient to understand the nature of the issue.
• Injuries or Losses: Any injuries or losses related to the defect that the claimant is alleging.
• Potential Claimants: If applicable, the notice should include the names of anyone else who is alleging a claim in connection with the defect (such as other owners or residents of the property).

3. Timeframe for Response

After receiving the notice, the party being notified (typically the contractor or builder) has 30 days to respond to the claim. The contractor can respond in several ways:

• Offer to Repair: The contractor may offer to repair the defect at their own expense.
• Deny the Claim: The contractor may deny liability for the defect.
• Request Inspection: The contractor can request to inspect the defect within a reasonable timeframe.
• Make a Settlement Offer: The contractor may propose a settlement to resolve the matter without going to court.

4. Opportunity to Cure

In many cases, if the contractor or builder is willing to make repairs, they can attempt to do so within a reasonable period after receiving the notice. This is part of the statute's emphasis on allowing for the possibility of a resolution before escalating to litigation. If repairs are offered and completed satisfactorily, it could prevent the property owner from filing a lawsuit.

5. Limitations and Exceptions

There are certain limitations and exceptions under the statute:

• Public Buildings or Complex Claims: If a public entity or a claim involving complex issues is involved, different rules or additional regulations may apply.
• Not Always Required for Negligence Claims: The pre-suit notice requirement typically applies to construction defect claims. However, if the claim involves allegations other than defects (like negligence or breach of contract), the pre-suit notice may not always be required.

6. Failure to Comply

If the party filing the claim does not follow the proper notice and waiting procedures as outlined in Fla. Stat. 558.004, they may be barred from proceeding with the lawsuit. In other words, strict compliance with the pre-suit notice process is a prerequisite to filing a construction defect lawsuit in Florida.

7. Exceptions to Notice Requirements

While the statute generally requires the pre-suit notice, there are some exceptions, including:

• If the construction defect presents an imminent danger to safety, the claimant may be able to bypass the notice requirement and go directly to court.
• If the parties involved have already reached an agreement to waive the pre-suit notice requirement.

8. Statute of Limitations

The statute does not change the statute of limitations for filing a construction defect lawsuit; it only mandates the notice requirement before a suit can be filed. The usual time limits for bringing a construction defect claim in Florida are typically governed by other laws, such as the Florida Statute of Limitations for Construction Defects (often 4 years from the date of discovery or 10 years from substantial completion).

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Summary of Key Steps:

1. Pre-suit Notice: Must be sent at least 60 days before filing a lawsuit.
2. Content: Must describe the defect, damages, and other relevant details.
3. Response: The contractor has 30 days to respond.
4. Opportunity to Cure: If the contractor offers to repair, they may be given the chance to do so.
5. Failure to Comply: Non-compliance with this process can result in dismissal of the lawsuit.

This statute emphasizes giving contractors and other responsible parties the opportunity to fix the defect or settle the matter without going to court. It’s a mandatory step to preserve a claim related to construction defects in Florida.