The Notice of Claim: Understanding Florida Chapter 558 Claims

When a construction company is building a structure for a customer, it is expected that when everything is completed, everything will work as it should. Given the complexity of these projects, however, it is not extremely uncommon to have a defect occur somewhere along the way. In most cases, these defects are fairly minor and can be remedied without any trouble. When the defect is more significant and not something that the property owner can fix immediately, however, they will need to notify the responsible individuals. This is done through what is called a Chapter 558 Notice of Claim.

Who is Notified?

When a homeowner discovers a defect, they need to file a Chapter 558 to the appropriate individual or company. In many cases, the notice should go to multiple parties. Some of the most common parties will include contractors, construction companies, developers, suppliers, designers, and more. Anyone who may have been involved in the area in which the defect exists should be given this notice.

What Happens Next?

Once the contractor or other party receives the Chapter 558 notice, they will need to respond to it within a set amount of time. This response will often be to schedule a time to come out and take a look at the reported defect to determine what can be done. In most cases, an attorney will be there to represent the contractor, which is why it is important for the property owner to also have a lawyer present.

Ideally, the parties involved will come to an agreement on how to get the defect fixed and cover any expenses related to it. In the event that the contractor or other party denies that they caused the defect or won’t fix it, however, it may become necessary to take the issue to court. Having the Chapter 558 Notice correctly filed will help to streamline the process of having the case heard in the courts—another reason it is so important to ensure everything is done properly from the moment the defect is discovered.

Don’t Go Alone

In order to get the defect fixed properly and have related expenses compensated, the Chapter 558 notice has to be handled correctly. Any problems can result in delays or outright denials of the claim, resulting in significant losses or other problems. Contact the Law Office of Ray Garcia to discuss the defects in your project and see what can be done to properly file this claim.