How Construction Defect Claims in Florida Expand Beyond Pre-Suit Notices

Florida’s Chapter 558 statute was designed to streamline construction-defect disputes and reduce litigation by requiring property owners to notify contractors of alleged defects before filing a lawsuit. This notice must reference the statute and describe the defects with enough detail to inform the contractor of the general nature of the issue. In theory, the process promotes early resolution. In practice, however, it often sets the stage for litigation battles skewed against contractors.

The core challenge arises when the scope of claims dramatically expands after litigation begins. Initial Chapter 558 notices may describe defects in a small subset of units or systems, only for the plaintiff to later reveal new expert teams and reports that allege defects across an entire building. Contractors, having conducted inspections and planned defenses based on the narrower pre-suit information, are then required to reassess and respond under compressed deadlines, often without extensions from the court.

This imbalance is worsened in Florida’s Complex Business Litigation (CBL) courts, where early disclosure rules do not apply. Contractors may not receive damage calculations or expert methodologies until late in the case, undermining their ability to prepare for mediation or trial. Judicial reluctance to grant continuances exacerbates the issue, leaving defendants playing catch-up in high-stakes litigation.

To address these recurring challenges, defense attorneys should advocate for severance of late-stage claims and push for case management orders that align with initial disclosures. Meanwhile, the Florida Legislature can strengthen Chapter 558 by requiring identification of all expert teams and damage categories during the pre-suit phase. Without reform, the statute’s original purpose—to avoid litigation and promote fairness—remains unfulfilled.