What a Florida 558 Notice Must Contain (With a Checklist)
What a Florida Chapter 558 notice of claim must include: the statute reference, each defect, known damage, clear locations, and a checklist before you serve it.
Updated 8 min readFlorida Statutes, Chapter 558
The short version
- It must be in writing, refer to Chapter 558, and go to the right party, usually whoever you contracted with.
- For each defect, say what's wrong, the damage if you know it, and where it is, clearly enough that they can find it.
- You can list many defects and add more later, but only noticed defects (and ones reasonably related to or caused by them) can go to trial.
- Sign it and add your contact details. The response goes to whoever signed unless you name someone else.
On this page
Marcus's new house in Port St. Lucie was six months old when the summer storms hit. Water ran down the inside of three windows, so he fired off an email to his builder: "YOUR WINDOWS LEAK."
Then he waited, figuring he'd put them on notice. As far as Chapter 558 is concerned, he hadn't.
The email never mentioned Chapter 558 or said which windows, and email isn't a delivery method the statute lists. Here's what a real notice needs.
What is a 558 notice of claim?
It's the written notice Florida generally requires before you sue or arbitrate over property damage caused by a construction defect. It goes to the contractor, subcontractor, supplier or design professional you believe is responsible, and it gives them a chance to inspect and respond (§ 558.004).
File without it, and a court must pause the case on a timely motion until you comply (§ 558.003).
Serve it at least 60 days before filing, or 120 days for an association representing more than 20 parcels. The 558 deadlines guide covers every clock.
What does a 558 notice have to include?
Five things: four about what you write, one about who gets it. None takes long, but each is easy to rush.
1. A reference to Chapter 558
...which notice shall refer to this chapter.
Put it in the heading: Notice of Claim Under Chapter 558, Florida Statutes. It's the easiest requirement, and it's exactly what Marcus's email was missing.
2. What's wrong, defect by defect
Describe in reasonable detail the nature of each alleged construction defect (§ 558.004(1)(b)).
Each one.
The statute doesn't define "reasonable detail," so aim for something a stranger could follow without calling you. Say what you see and when it happens. If an inspector has named a likely cause, include it.
3. The damage, if you know it
Next to each defect, describe the resulting damage or loss, if known (§ 558.004(1)(b)). Stained ceilings, swollen baseboards, ruined flooring. You don't have to guess at what's hidden behind the walls.
4. Where it is, clearly enough to find
People underestimate this one. Each location must be clear enough that the responding parties can find the defect without undue burden, based on at least a visual inspection by you or your agents (§ 558.004(1)(b)).
Someone holding your notice should be able to walk straight to the problem: building, unit, floor, room, wall. You have no obligation to do destructive or other testing for the notice.
Example
Marcus, take two
Defect 2 of 3: water comes in at the lower left corner of the window during heavy rain. Damage: bubbling paint and a swollen baseboard below it. Location: second-floor front bedroom, west wall, the window nearest the closet.
5. The right recipient
If the work was done under a contract, serve the person you contracted with (§ 558.004(1)(a)). Hired a general contractor who used a roofing sub? Your notice goes to the general contractor.
Within 10 days of service (30 for an association representing more than 20 parcels), that contractor may forward copies to others it reasonably believes are responsible (§ 558.004(3)).
Bought from a previous owner, or not sure who you contracted with? That's a good point to check with a Florida attorney.
How detailed does a 558 notice need to be?
Most first drafts read like the first column. The person on the other end needs the second.
| Too vague | Specific enough to find and assess |
|---|---|
| Windows leak. | In wind-driven rain, water comes in at the bottom corners of both sliding doors on the living room's rear (east) wall. Drywall below is stained and soft. |
| Roof problems. | About a dozen cracked or displaced tiles on the north slope above the garage. Water stain on the garage ceiling below. |
| Stucco is cracking. | Horizontal cracks along the second-floor line on the south and west walls, worst near the southwest corner. |
| Balconies are falling apart. | Rust stains and spalling concrete at the slab edges of the balconies for Units 204, 304 and 404, Building B. |
Tip
Start from your inspection report
If you've had an inspection, the report probably already lists defects room by room, often with photos. Build your list from it and translate the jargon into plain words.
Can one notice cover more than one defect?
Yes. You can include multiple defects in one notice and amend the list as new ones become known to you (§ 558.004(11)).
Be thorough anyway. A case can proceed to trial only on defects that were noticed and went through the 558 process, plus defects reasonably related to or caused by them.
So list everything you know about now, even the small stuff.
Example
How a condo board might do it
Priya's condo board has an engineer's report flagging roof leaks, balcony spalling and cracked stucco. Instead of "water intrusion throughout," they list each problem by building and unit. When a garage leak turns up a few weeks later, they amend the notice.
One caveat: the statute says its procedures apply to each defect, but it doesn't spell out how an amendment affects the clocks for newly added ones. Count conservatively from when you serve the amendment, and ask a Florida attorney if a filing date is close.
And don't wait for perfection. The statute asks you to try to serve within 15 days after discovering a defect, though missing that window doesn't by itself bar a lawsuit (§ 558.004(1)(c)).
Who gets the builder's response?
Whoever signed the notice, unless the notice designates someone else (§ 558.004(5)).
So sign it and list your mailing address, phone and email. The phone number comes in handy when they want to schedule an inspection.
Want the response to go to your property manager or attorney? Name them in the notice.
Isn't the 558 paragraph in my contract the same thing?
No, though they're easy to mix up. Many contracts carry an all-caps 558 paragraph.
For written contracts between an owner and a contractor or design professional entered into after October 1, 2009, the statute calls for language substantially like this, unless the parties agree Chapter 558 doesn't apply:
ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES.
That's an awareness notice written into the contract. It isn't your notice of claim.
Contracts from 2004 to 2009 may carry a longer version headed "CHAPTER 558 NOTICE OF CLAIM" (§ 558.005(3)). Same thing: a contract disclosure, not the notice you serve.
While the contract's out, look for a written agreement to opt out of Chapter 558 or change the process, such as mediating first. The statute allows both (§ 558.005(1), (4)), so a clause like that is worth an attorney's look.
Before you serve it: a final checklist
Your 558 notice checklist
- Refers to Chapter 558, Florida Statutes, ideally in the heading
- Addressed by name to the right party, at a current address
- States your property address
- Lists each defect separately, in specific words
- Describes known damage next to each defect
- Gives a findable location for each one
- Based on at least a look by you or your inspector
- Signed, with the signer's name, mailing address, phone and email
- Names anyone else who should receive the response
- A full copy and dated photos saved for your records
Then serve it by a method in the statute's definition of service: certified mail with a USPS record of delivery or attempted delivery, hand delivery, or courier with written proof (§ 558.002(9)). The guide to serving a 558 notice has the details.
What happens after you send it?
Day 0
Notice served
The clocks below run from the date of service.
Day 10 (30)
Copies forwarded
The recipient may send copies to others it reasonably believes are responsible.
Day 30 (50)
Inspection
The recipient may inspect the property (§ 558.004(2)).
Day 45 (75)
Written response
An offer to repair, pay or both, a dispute, or a statement that its insurer will decide on payment (§ 558.004(5)).
Day 60 (120)
Earliest filing, usually
Sooner in some cases, such as a dispute or no timely response (§ 558.004(6)).
Numbers in parentheses apply to an association representing more than 20 parcels. The statute doesn't say how weekends or holidays affect the count, so be conservative. The free 558 deadline calculator maps out these dates from your service date.
Your next step
Gather the contract, any inspection report and your photos, and walk the property with a notepad. Write one entry per defect, then check each against the list above.
Want help with the wording? NoticeForge drafts a notice from your inspection report or your own description for you to review and approve. It can also send it by USPS Certified Mail with electronic return receipt and track the deadlines that follow.
If things feel tangled, with several contractors, a close filing date or an opt-out clause, read Do I need a lawyer for a 558 notice? first.
Common questions
Not by itself. The statute's definition of service covers certified mail with a USPS record of delivery or attempted delivery, hand delivery, and courier delivery with written proof (§ 558.002(9)). Email isn't on the list.
Chapter 558 lists what the notice must contain but supplies no form for it, and it doesn't mention notarizing. The all-caps wording in § 558.005 is contract language, not a notice template.
The statute doesn't require one. Locations must rest on at least a visual inspection by you or your agents, with no duty to do destructive or other testing for the notice (§ 558.004(1)(b)). A good inspection report does make the descriptions sharper.
Chapter 558 doesn't ask for one. You describe the damage or loss from each defect, if known, and the statute never mentions a dollar figure or repair estimate.
The notice-and-repair section doesn't prohibit or limit necessary emergency repairs required to protect your health, safety and welfare (§ 558.004(9)). If you can, photograph the problem and the damage thoroughly first, and keep your receipts.