Substantial Amendment to Chapter 558 – Construction Defects: Amendment Affects All Contracts Executed After October 1, 2009

Michael Milne and Monte Starr are Associates in our Orlando office.

The Florida Legislature recently made a substantial amendment to Fla. Stat. Chapter 558 – Construction Defects, that will significantly affect all construction contracts entered into after October 1, 2009.

When applicable, Chapter 558, Fla. Stat. requires owners to give contractors and professionals an opportunity to inspect and repair alleged construction defects prior to owners being able to file lawsuits. The intent of Chapter 558 is to foster amicable settlement agreements for construction defects and reduce unnecessary litigation.

Fla. Stat. § 558.005 controls the contractual notice provisions for Chapter 558, Fla. Stat. Specifically, for the past several years, this Section has required that a mandatory notice provision be inserted in construction contracts for Chapter 558's procedures to apply.