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Construction Law Newsletter – Amendment to Notice of Defect Claim

The process of resolving a construction or design defect claim in Florida starts with the claimant providing notice of the claims to the responsible parties.  In some instances, the notice of the claim lacks specificity.  Thus, the recipients of the notice are left wondering about the nature and location of the alleged defect, as well as the damages.

The amendment to Section 558.004(1)(b), which became effective on October 1, 2015 now requires that the claimant identify the location of each alleged defect sufficiently to allow the responding parties to locate the defect without undue burden.  While the claimant is not required to perform destructive testing to identify the defects, the defects must be based upon at least a visual inspection. To the benefit of the contractor, this language creates a heightened burden for the homeowner attempting to provide notice of a potential defect.

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