Chapter 558 Deadlines Explained: Every Clock, in Order
How long a contractor has to respond to a Florida 558 notice, when inspection happens, when you can file, and which deadlines are yours. Every clock, in order.
Updated 8 min readFlorida Statutes, Chapter 558
The short version
- The main clocks start at service (delivery or, for certified mail, attempted delivery), not the day you mail it.
- Their written response is due in 45 days (75 for an association representing more than 20 parcels). You can generally file at Day 60 (120).
- Your main job: answer any timely settlement offer in writing within 45 days of receiving it.
- The statute is silent on weekends and holidays, so count conservatively.
On this page
Maria's builder signed for her 558 notice on a Tuesday. That night she sat at the kitchen table with a red pen and the wall calendar, circling Day 30, Day 45, Day 60.
Then she stopped. Which dates were hers, and which were the builder's?
She was right to stop. Chapter 558 runs several clocks at once, and most of them aren't yours.
Here's every one, in order.
Is there a deadline to send a 558 notice?
Sort of. The statute says you “shall endeavor” to serve your notice within 15 days after discovering a defect (§ 558.004(1)(c)).
Missing that window doesn't bar you from filing later, as long as you complete the 558 process first.
Still, don't sit on it. Nothing in Chapter 558 pauses your statute of limitations until the notice is actually served.
When does the 558 clock start?
At service. Not the day you wrote the notice, and not the day you mailed it.
Chapter 558 counts three methods: certified mail with a USPS record of delivery or attempted delivery to the last known address, hand delivery, or a courier with written evidence of delivery (§ 558.002(9)).
The date on that delivery record is your Day 0. Keep it somewhere safe.
What if tracking shows an attempted delivery on Monday and a pickup on Friday, or a refusal? The statute doesn't say which date controls. If a single day could matter, ask a Florida attorney.
See how to serve a 558 notice for the delivery side.
What's the full 558 notice timeline?
Numbers in parentheses are for an association representing more than 20 parcels. We count calendar days, since the statute just says “days.”
Day 0
Your notice is served
Every clock below counts from here unless noted.
Day 10 (30)
Forwarding window closes
They may serve copies on others they reasonably believe are responsible.
Forwarded copy + 15 (30)
Forwarded parties answer
Their responses go to whoever forwarded the notice, not to you.
Day 30 (50)
Inspection window closes
They're entitled to a reasonable inspection, and you give reasonable access during normal working hours.
Day 45 (75)
Written response due to you
One of five forms, covered below.
Offer received + 45
Your answer is due
Accept or reject any timely offer in writing. This can run past Day 60.
Day 60 (120)
Waiting period ends
Generally the first day you can file if nothing is resolved.
Are the deadlines different for associations?
Only for an association representing more than 20 parcels. For those, most of the clocks run much longer.
| Clock | Standard claim | Association, more than 20 parcels | Whose clock |
|---|---|---|---|
| Forwarding copies | 10 days | 30 days | Theirs (optional) |
| Forwarded parties' responses, from service of their copy | 15 days | 30 days | Forwarded parties' |
| Inspection | 30 days | 50 days | Theirs (you give access) |
| Written response to you | 45 days | 75 days | Theirs |
| Insurer's decision, from service on the insurer | 30 days | 30 days | Insurer's |
| Waiting period before filing | 60 days | 120 days | Yours (a floor) |
| Your answer to a timely offer, from receipt | 45 days | 45 days | Yours |
| Document exchange, from service of a request | 30 days | 30 days | Both sides |
Not sure whether your association counts? See owner vs. association claims.
Which deadlines are yours, and which are theirs?
Forwarding, inspection and the Day 45 (or 75) response are on the person you served. Anyone they forward to gets a separate clock.
Say the builder serves a copy on its stucco sub on Day 8. The sub's 15 days run from then, and its answer goes to the builder, not you.
Your list is shorter.
Your jobs on the 558 clock
- Serve the notice and keep proof of delivery, ideally within 15 days of finding the defect.
- Give reasonable access for inspection during normal working hours.
- Answer any timely offer in writing within 45 days of receiving it.
- If you accept a repair offer, give reasonable access on the agreed timetable.
- If the other side serves a proper written request under § 558.004(15), exchange the listed documents within 30 days.
- Wait until Day 60 (or 120) to file, unless an exception applies.
How long does a contractor have to respond to a 558 notice?
45 days after service, or 75 days for an association representing more than 20 parcels (§ 558.004(5)).
The response goes to the attention of whoever signed your notice, unless your notice names someone else. It has to be in writing and take one of five forms:
- An offer to repair at no cost to you, with a detailed description and timetable.
- An offer to pay money, with a payment timetable.
- An offer combining repairs and money.
- A statement disputing the claim.
- A statement that their insurer will decide on any payment within 30 days.
If they dispute the claim or miss the deadline, you can proceed with an action against them on the claim in your notice, without further notice (§ 558.004(6)).
What if they hand it to their insurer?
That fifth option starts its own clock. The insurer is served with the claim at the same time you're told about this option, and it has 30 days to decide on any payment.
You can accept or reject its decision. If the insurer stays silent for those 30 days, you're treated as having met all conditions precedent, the things required before filing an action (§ 558.004(5)(e)).
More on each response in what happens after a 558 notice.
How long do you have to answer a settlement offer?
This is the deadline people forget, because it's yours.
If you receive a timely settlement offer, you have 45 days after receiving it to accept or reject it by serving written notice on whoever made it (§ 558.004(7)).
Silence isn't an answer.
The statute says “serving,” so use a delivery method that counts as service and keep the record. If you file without answering, the court must pause (stay) your case on a timely motion until you do.
Example
Devon's late offer
Devon's builder sent a repair offer that reached him on Day 44, so his answer is due around Day 89, well past Day 60. Filing on Day 61 without answering would invite a stay. He serves a short written rejection first.
When can you file a lawsuit?
You must serve your notice at least 60 days before filing an action, or 120 days for an association representing more than 20 parcels (§ 558.004(1)(a)). “Action” here includes arbitration (§ 558.002(1)).
That's a floor, not a deadline.
You may be able to file sooner in some situations (§ 558.004(6)-(8)), such as a disputed claim, a missed response deadline, or an accepted repair or payment that isn't made as agreed (allowing for reasonable delays beyond their control).
File too early and, on a timely motion, the court must stay the case without prejudice until you comply (§ 558.003).
Does a 558 notice pause the statute of limitations?
Yes, for a while. Serving your notice tolls (pauses) the applicable statute of limitations as to anyone covered by the chapter, and any bond surety.
The pause lasts until the later of two dates (§ 558.004(10)):
- 90 days after service, or 120 days “as applicable.” The statute doesn't spell out which claims get 120.
- 30 days after the repair or payment period ends in an offer you accepted.
The parties can extend it by stipulation, and the pause continues through the extension.
Watch out
Repose doesn't pause
A 558 notice does not toll any statute of repose (§ 558.004(1)(d)). It's separate from the statute of limitations, and it keeps running. If either might be close, talk with a Florida attorney before counting on the 558 process to buy time.
What if a deadline falls on a weekend or holiday?
Chapter 558 doesn't say. It counts days and stops there.
Nothing in it moves a Saturday deadline to Monday. Whether any other rule does is a question for a Florida attorney.
Example
Maria's calendar, counted plainly
Maria's notice was delivered Tuesday, November 10, 2026. In calendar days, the builder's response is due Friday, December 25 (Christmas), and her 60-day wait ends Saturday, January 9, 2027. So she won't call the response late until the next business day passes, or plan to file before Monday, January 11.
Tip
Count conservatively
For anything you must do, use the earliest reasonable date. For anything you're waiting on, like their response or your filing date, assume the later date and add a day of cushion.
Our free 558 deadline calculator counts plain calendar days and doesn't shift weekends or holidays, so apply the tip above.
What should you do next?
- Find your service date in the tracking, return receipt or courier's proof.
- Pick your track: standard, or association representing more than 20 parcels.
- Check your contract. The parties can opt out of this process or change it in writing (§ 558.005(1), (4)).
- Put every date on one calendar, marked yours or theirs.
- Log the day any offer arrives. Your 45 days start then.
- Talk to a Florida attorney before filing, or sooner if a limitations or repose deadline might be close.
Haven't sent your notice yet? NoticeForge can help you prepare it, send it by USPS Certified Mail with electronic return receipt and tracking, and track the deadlines that follow.
Common questions
The statute just says “days,” so plan in calendar days. It's silent on weekends and holidays, so count conservatively.
Once 45 days (75 for an association representing more than 20 parcels) pass without a written response, you can proceed with an action against that party. No further notice is needed (§ 558.004(6)).
You can add defects to your notice as they become known, and the procedures apply to each defect (§ 558.004(11)). The statute doesn't spell out how the deadlines run for an amendment. Serve it, keep proof of delivery, and ask a Florida attorney if timing matters.
Not if it's an emergency. The statute doesn't stop you from making necessary emergency repairs to protect your health, safety and welfare (§ 558.004(9)). Photograph everything first, since the other side is entitled to inspect. Beyond emergencies the statute is silent, so ask a Florida attorney.