Florida 558 Letter Sample

A lawsuit filed in a court of law and an arbitration proceeding. 558 procedure owner s receipt of contractor s repair protocol.

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You should consult an attorney as needed.

Florida 558 letter sample. Chapter 558 florida statutes provides certain requirements before a party seeking damages resulting from construction defects can file an action to recover for those damages. A sample opt out provision to be included in a contract is provided below. The owner does this by discussing with counsel and any retained expert.

Gilbert was born in miami florida has argued to the supreme court of florida and the district courts of appeal recipient of the national institute of trial advocacy award 2003. Barbara energy extension service created date. There are a few distinct and useful sections contained within this defective work template starting with some instructions around how the document should and shouldn t be filled in.

Sixty days before you bring any legal action you must deliver to the other party. Section 83 49 3 florida statutes 2007 form notes are for informational purposes only and may not completely describe requirements of florida law. Florida statutes chapter 558 requires a notice of construction defect letter 558 notice to be served before a construction defect lawsuit is commenced.

Notice of intention to impose claim on security deposit to. Application of 558 contract for construction notice between july 1 2004 and sept. 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 words before.

The letter to contractor for defective work below is a letter which resembles your other site and project documents similar to a normal defect report or similar. When a contractor submits a repair protocol to an owner in response to a notice of construction defects letter per florida statutes chapter 558 the owner should seriously consider that protocol. The owner and contr actor agree to waive all requirements associated with chapter 558 florida statutes arising from work.

This is a statutory requirement unless contractually waived for a completed project when latent defects or post completion construction or design defects are pursued. Title dca logo author. Randall l.

The term action includes a civil action i e. All owners must give notice of defects chapter 558 by. Since other fcds notices require conspicuous font the opt out provision should also be conspicuous.

Chapter 558 florida statutes contains important requirements you must follow before you may bring any legal action for an alleged construction defect in your home.

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