Florida Statutes

Fla. Stat. § 558.001 (2025)

Legislative findings and declaration.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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558.001 Legislative findings and declaration.—The Legislature finds that it is beneficial to have an alternative method to resolve construction disputes that would reduce the need for litigation as well as protect the rights of property owners. An effective alternative dispute resolution mechanism in certain construction defect matters should involve the claimant filing a notice of claim with the contractor, subcontractor, supplier, or design professional that the claimant asserts is responsible for the defect, and should provide the contractor, subcontractor, supplier, or design professional, and the insurer of the contractor, subcontractor, supplier, or design professional, with an opportunity to resolve the claim through confidential settlement negotiations without resort to further legal process.

History.—s. 1, ch. 2003-49; s. 1, ch. 2004-342; s. 1, ch. 2006-281; s. 1, ch. 2015-165.

Notes of Decisions

Cited in 9 cases (3 in the last 5 years), 2009–2025 · leading case: Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co., 832 F.3d 1318 (11th Cir. 2016).

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Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co., 832 F.3d 1318 (11th Cir. 2016). “” Fla. Stat. § 558.001 . In this appeal, we must decide whether Chapter 558’s statutorily prescribed notice and repair process constitutes a “suit” under a commercial general liability (CGL) insurance policy, so as to trigger the insurer’s duty to defend.”

Hebden v. Roy A. Kunnemann Constr., Inc., 3 So. 3d 417 (Fla. 4th DCA 2009). · cites it 2× “” § 558.001, Fla. Stat. (2007). The Hebdens gave the contractor the written notice required by section 558.”

Altman Contractors, Inc. v. Crum & Forster Specialty Ins., 124 F. Supp. 3d 1272 (S.D. Fla. 2015). · cites it 3× “F.S.A. § 558.001. For purposes of this statute, ACI is a contractor, and the Condominium is a claimant.”

Banner Supply Co. v. Harrell, 25 So. 3d 98 (Fla. 3d DCA 2009). “See §§ 558.001-005, Fla. Stat. (2008) (controlling litigation arising from construction defects).”

Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co. (Fla. 2017). · cites it 9× “Specifically, the term “construction defect” is defined as follows: (5) “Construction defect” means a deficiency in, or a deficiency arising out of, the design, specifications, surveying, planning, supervision, observation of construction, or construction, repair, alteration, or…”

Employers Ins. Co. of Wausau v. BL Companies Connecticut, Inc. (M.D. Fla. 2025). · cites it 2× “” Fla. Stat. § 558.001 . It has concluded that such an alternative dispute resolution (“ADR”) method should “involve the claimant filing a notice of claim” and “provide .”

Shane R. Hayslip & Laura M. Hayslip v. U S Home Corp. (Fla. 2d DCA 2019). “§ 558.001, Fla. Stat. (2016); accord Altman Contractors, Inc.”

Rodriguez v. Clear Blue Ins. Co. (M.D. Fla. 2024). “” § 558.001, FLA. STAT. Under the statutory scheme, a claimant must serve a notice of claim on the prospective defendant “at least 60 days before filing any action.”

Moss & Assocs., LLC v. Daystar Peterson & Brickell Heights East Condo. Ass'n, Inc. (Fla. 3d DCA 2025). “Particularly, section 558.001, titled “Legislative findings and declaration,” states as follows: The Legislature finds that it is beneficial to have an alternative method to resolve construction disputes that would reduce the need for litigation as well as protect the rights of…”

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