Dec 22, 2020 · A. Purpose of Chapter 558. Chapter 558 of the Florida Statutes, otherwise known as the Florida Construction Defect Statute, was originally enacted by the Florida Legislature in 2003 (Ch. 2003-49, Laws of Fla.). Chapter 558 requires aggrieved property owners to provide contractors and others with prior written notice of alleged construction ...
Feb 02, 2009 · F. S. Ch. 558, otherwise known as the Florida Construction Defect Statute, requires owners to send a “notice of claim” to developers, contractors, subcontractors, suppliers, and/or design professionals identifying any alleged construction and/or design defects in “reasonable detail” before any litigation or arbitration for construction defects may be initiated.1 In other …
Feb 01, 2021 · Chapter 558 of the Florida Statutes broadly governs “construction disputes”. The Statute generally requires that owners (i.e., associations) provide pre-suit notice to developers, contractors, subcontractors, material suppliers and/or design professionals before the association is permitted to commence legal action against any of the aforementioned parties …
May 05, 2020 · On the flip side, construction lawyers representing contractors should be keen to advise clients to pin their insurer down on consent to proceed with the Chapter 558 process, because failure to do so may forfeit the insured’s defense, and it may also create a coverage issue on the back end if the insurer acts in bad faith.
Generally, a defect under a construction contract is work which is not performed in accordance with the requirements of the construction contract. To assess what a defect is requires an examination of the terms of the contract to understand what was required of the contractor.
Liability for injury or other damage resulting from construction defects usually falls on the architect/engineer or contractor/subcontractors.
Contractor And Developer Liability For Construction Defects The contractor's obligations are laid out in the construction contract. He is the one responsible for performing the work as it needs to be done. This includes hiring the subcontractors who perform specific tasks.Apr 4, 2020
Your Construction Law Firm TM As such, Chapter 558, Florida Statutes, was created to provide contractors, subcontractors, suppliers, or design professionals with an opportunity to resolve a claim for construction defects prior to resorting to further legal process.
Where a defect amounts to a breach of contract (which will usually be the case), the default limitation period for bringing a claim against the contractor is 6 years from the date of practical completion. However, if the contract is executed as a deed, that period is extended to 12 years.May 6, 2016
ContinuityConduct constructability reviews. ... Complete pre-work site assessments. ... Visualize with performance mock-ups. ... Perform regular inspections. ... Establish a clear change-order process. ... Require quality checks when accepting materials. ... Keep records of approvals and verifications.Oct 26, 2018
Most construction contracts provide for a 'defects liability period', which may run from 12 to 24 months after completion. Typically the contractor will be responsible for any defects which arise during this period.Aug 2, 2011
A general rule of contributory negligence is that a main contractor is not liable for the negligence of its independent subcontractor. There are some exceptions to this rule, including: The main contractor had actual knowledge that the sub-contractor's work had been done in a foreseeably dangerous way and condoned it.Mar 13, 2017
Common types of Building DefectsNon-structural cracks. Hair-line cracks. ... Spalling of concrete. Stains of water or rust are found on the surface or there is seepage of water. ... Structural cracks. Cracks that penetrate the surface rendering into the structural concrete or load-bearing brick wall. ... Defective external wall finishes.Nov 24, 2021
A Florida construction defect is when there's a failure of a building or a part of a building that should have been constructed in a reasonably workmanlike manner that causes damage to the structure.Dec 14, 2020
In Florida, a claim for construction defects must generally be made within 4 years ( 10 years for latent construction defects). This provides a hard stop and limits liability for construction businesses.Jun 25, 2019
Under this provision, insurance companies can hire a contractor to perform repairs on your damaged property. In other words, instead of paying you money, they pay their “preferred contractor” for their services. This means the contractor works for the insurance company and not for you.