Florida construction defect notice: 5 day counts

• Log the service date separately from the date the notice arrived.
• Check whether the association rules apply before choosing an inspection window.
• Assign someone to gather records and arrange the inspection.
• Have a Florida attorney check the calendar and any filing exceptions.

If you build, repair, or supply work in Florida, a letter saying a job you finished is defective can arrive with no warning. It may be addressed to the owner of the company, but it can just as easily land on a dispatcher's desk, in a shared inbox, or in a mailbox at the shop. Whoever opens it first needs to know that the letter may be the start of a process with fixed time limits.

Florida's construction defect statute, Chapter 558, lays out that process. Under it, a claimant generally has to give written notice before filing a lawsuit over an alleged defect. The notice must refer to the chapter and be served on the contractor, subcontractor, supplier, or design professional, as applicable.

That detail is easy to skip. A subcontractor can receive a notice even when the general contractor is the name the owner remembers, and a supplier or design professional can be on the list too. The statute's wording is "as applicable," so the question of who was served is a real one to answer early, not something to assume.

This post walks through the time counts in the statute. There are five of them. Some are targets for the claimant, some are windows for the party that gets the notice, and two depend on whether the claim involves an association representing more than 20 parcels. Once you can name each count, you can build a simple calendar that your office can follow.

The first count is the shortest. The statute says the claimant shall endeavor to serve the notice of claim within 15 days after discovery of an alleged defect. The word that matters is "endeavor." This is a target the claimant is asked to aim for, not a hard cutoff.

The same subsection says that failing to serve within 15 days does not, on its own, bar the filing of an action. So a late notice is not automatically a dead end for the claimant, and an early notice is not an automatic win for you. The full subsection continues past that point with a qualifier, so read the complete text before relying on this detail in any decision.

For a dispatcher, the practical lesson is about dates. When a notice arrives, write down the date it was received, the date it was actually served if that is shown anywhere on the paperwork, and the date the complaint was first reported to you. Those dates help you and your attorney reconstruct the timeline later, and they keep the office from relying on memory.

The second count gives the receiving party a window to look at the problem. The statute says that within 30 days after service of the notice of claim, the person served is entitled to perform a reasonable inspection of the property, or of each unit subject to the claim, to assess each alleged construction defect.

Note the phrase "entitled to." The statute gives you a right to inspect. It does not require you to show up, and it does not say what your inspection must find. Still, a right you do not use is a right you can lose in practice, because the time window keeps running whether or not you schedule anything.

Set a calendar entry for day 30 counted from the service date shown on the notice, and count back a few days to schedule the visit. Confirm the site address, the unit numbers if there is more than one, and who on your side will attend. If the job file, photos, permits, or material records are scattered, gather them before the visit so the inspection is useful rather than rushed.

Keep the inspection itself orderly. Someone from your company should be present, should take notes, and should photograph what is seen. Do not make statements to the owner or the claimant about fault on the spot. Write down what you observed and send that to whoever handles the claim. Use a dispatch handoff checklist to organize the visit details.

The third count applies to a different kind of claim. When the notice involves an association representing more than 20 parcels, the inspection window is longer. The statute says the window is 50 days after service of the notice of claim instead of 30.

Mark the applicable inspection date on the calendar, and make sure the people responsible for the job know which window applies.

Whether a given claim involves an association representing more than 20 parcels is a factual question. Look at who sent the notice and what the notice says about the property. If it is unclear, ask the sender to state the basis for the notice in writing, and bring the question to your attorney.

The fourth count is the minimum wait before a lawsuit. The statute says the claimant must serve written notice at least 60 days before filing any action. For many claims, that is the core rule of the chapter.

The statute also notes exceptions. It says that its wording does not preclude a claimant from filing an action sooner than 60 days, or 120 days as applicable, after service of written notice where another part of the statute expressly allows it. Those exceptions are described in other subsections, and this post does not quote them. Do not assume a lawsuit cannot come before day 60 without checking the full statute or talking to counsel.

From a business standpoint, the 60-day period is a planning window, not a waiting period. Use it to pull the job file, identify witnesses, estimate repair costs if repairs are on the table, and decide whether your insurance carrier needs to be notified under your policy terms. Check your policy's notice requirements now rather than after a suit is filed.

The fifth count mirrors the fourth for larger claims. When the claim involves an association representing more than 20 parcels, the statute says the claimant must serve notice at least 120 days before filing an action instead of 60.

That longer minimum changes the planning horizon. If the job is old, or the records are stored in several places, begin the search early.

Keep the five counts separate in your notes. A simple table with the count, the trigger, and the date you calculated is often easier to follow than a long email chain. Include the source link beside each entry so a future reader can check the statute directly.

Some claims involve testing that damages part of the work to find the cause of a defect. The statute addresses who performs that testing. It says that if the claimant promptly objects to the person selected to perform destructive testing, the person served with notice must provide the claimant with a list of three qualified persons. The claimant may then select one of the three to do the testing.

This rule is easy to overlook because it is about who does the work, not when. If you receive a proposal for destructive testing, read who is selected and whether the claimant objects.

Do not agree to destructive testing on a verbal request. Ask for the proposed scope in writing, the name and qualifications of the tester, the location and extent of the work to be removed, and the schedule. Record every request and response. A testing dispute can become a fight about what was cut, when, and by whom, and a clear paper trail protects both sides.

For a small firm, the first hours matter more than the first weeks. A practical intake routine can keep the statute's counts from slipping past you. Use this sequence as a starting point, then adjust it with your own attorney.

First, log the notice the same day it arrives. Record who sent it, how it reached you, the date received, the property address, and the job it refers to. Scan the full letter and attach it to the job file.

Second, check whether the notice refers to Chapter 558 and whether it was served on your company in the capacity the letter claims. Note whether your firm was the contractor, a subcontractor, a supplier, or a design professional on that job. The statute's list of recipients matters here because the response may differ by role.

Third, build the calendar using the applicable counts above. Mark each date with the source link so the reason for it is visible later.

Fourth, notify the people who need to act. That usually includes the owner or manager, the estimator or foreman who knows the job, the person in charge of records, and whoever handles insurance. Keep the circle small and specific. A notice that goes to ten people with no assigned task tends to fall through the cracks.

Fifth, stop informal fixes that are not tied to a plan. A crew that rushes back to the site to patch a visible problem may erase the evidence the inspection needs. If a repair is genuinely needed for safety, document the condition with photos first, then tell your attorney before the work begins.

The best defense to a construction defect claim is often a clean file. The notice clock is short, and the job may be years old, so start with what you already have. Pull the contract, the scope of work, change orders, permits, inspection records, material invoices, warranty documents, and any correspondence about the defect. Note where each item is stored and who has access to it.

Photographs taken during construction are especially useful, if you have them. Time-stamped images of framing, flashing, waterproofing, or finish work can show what was installed and when. If you do not have construction-phase photos, check phones, cloud accounts, and crew devices. Preserve the original photo files and their recorded details.

Finally, keep a record of who worked on the job. Foremen, subcontractors, and suppliers may change over time, and the names on the timesheets may be the only way to reach a former worker. A short list with last-known contact details can save days of searching later in the process.

For a separate review of job dates, see the guide to Florida lien time limits.

Suppose you find 20 construction photos and 10 emails about the job. That gives you 30 items to organize. Keep the original files, group them with the notice, and record where they came from. This is a records example, not a calculation of a legal deadline.

Nothing in this post is legal advice. It explains the timing structure of Chapter 558 in plain words, but the statute has more detail than a blog post can cover, and each claim has its own facts. A Florida construction attorney can tell you how the notice rules apply to your job, what the exceptions mean in your situation, and whether your insurance or contract requires anything else.

Bring the notice, the job file, your calendar notes, and a list of the people involved. Ask the attorney to confirm each date you calculated. If you are a dispatcher and the owner is not in the office, bring the matter to the owner the same day and make sure the decision to engage counsel is made by someone with authority to make it.

Read the full statute at Chapter 558 Section 004 on the Florida Senate website and check each point against the current text before you act.

Create a job-file entry for the notice today, attach the full letter, and assign someone to take the calendar to counsel for review.

Related guides: Florida bid-date change notice: 3 fields to include · Home estimate 3-day cancel notice before signing · Check 4 leave counts before you approve time off.

What should I bring to the attorney?

Bring the notice, job file, calendar notes, and list of people involved. Keep the original paperwork available alongside your scan.

Who should handle the notice if the owner is away?

Bring it to a manager with authority to act. Give each person involved a specific task so the notice does not sit in a shared inbox.