Florida’s Right to Repair Act: An Alternative to a Lawsuit
The lawyers of Trent Cotney, P.A. strive to keep you informed of various laws enacted that apply to the construction industry. We’ll give you a brief overview of Florida Statute 558 in this article. Florida’s Right to Repair Act, better known as Florida Statute 558, was established as an alternative for suing for construction defects.
Benefits of the Act
The Repair Act gives both parties the opportunity to settle disputes privately. Some of the benefits of the statute include reducing the cost and time of litigation, protecting the rights of property owners, and providing an alternative to lawsuits. Since construction defects can range from minor to complex, we highly recommend a Florida construction attorney to understand the intricate details of the statute and to receive the full benefits of the statue.
What’s a Construction Defect?
Construction defects are very common disputes in the construction industry. A construction defect is when a project fails to meet applicable standards due to some deficiency in the design, materials, and workmanship of a project leading to the failure of some aspect of the project. This failure can have a huge financial impact on the project owner who will more than likely seek remedy for the defect by filing a notice of claim.
Notice of Claim
Under this law, an owner must file a written notice of claim 60 days before filing an action with the party they deem responsible for a defect and allow the responsible party a reasonable period of time to inspect and repair the defect. The notice should alert a likely responsible party to detailed, factual information about the defects in question such as defect location, damage done, and loss incurred. This information is vital to ensuring the responsible party can easily identify the location of the defects in question.
What Happens Next?
Upon receiving the notice of claim, the responsible party can either dispute the claim or take care of the repairs after an inspection of the defects is conducted. Once the inspection is done, the responsible party must provide a statement outlining what they will repair or what they will pay for the defect damage. The claimant is not obligated to accept any offers made by the responsible party.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.