Florida Statutes
Fla. Stat. § 558.003 (2025)
Action; compliance.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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558.003 Action; compliance.—A claimant may not file an action subject to this chapter without first complying with the requirements of this chapter. If a claimant files an action alleging a construction defect without first complying with the requirements of this chapter, on timely motion by a party to the action the court shall stay the action, without prejudice, and the action may not proceed until the claimant has complied with such requirements. The notice requirement is not intended to interfere with an owner’s ability to complete a project that has not been substantially completed. The notice is not required for a project that has not reached the stage of completion of the building or improvement.
Notes of Decisions
Cited in 9
cases (3 in the last 5 years), 2009–2025 · leading case: Busch v. Lennar Homes, LLC, 219 So. 3d 93 (Fla. 5th DCA 2017).
Busch v. Lennar Homes, LLC, 219 So. 3d 93 (Fla. 5th DCA 2017). “See §§ 558.003; 558.004(1), Fla. Stat. (2015).”
Hebden v. Roy A. Kunnemann Constr., Inc., 3 So. 3d 417 (Fla. 4th DCA 2009). “” § 558.003, Fla. Stat. (2007). Compliance with the Act means compliance with certain presuit procedures, an “alternative dispute resolution mechanism” intended to “reduce the need for litigation as well as protect the rights of property owners.”
Banner Supply Co. v. Harrell, 25 So. 3d 98 (Fla. 3d DCA 2009). “See § 558.003, Fla. Stat. (2008) (“A claimant may not file an action subject to this chapter without first complying with the requirements of this chapter.”
Altman Contractors, Inc. v. Crum & Forster Specialty Ins., 124 F. Supp. 3d 1272 (S.D. Fla. 2015). “F.S.A. § 558.003. A procedure is set forth pursuant to which the claimant places the contractor on notice of the alleged defect, and the contractor is given various options to respond relative thereto.”
Medmoun v. Home Depot U.S.A., Inc. (M.D. Fla. 2022). “Medmoun Had No Obligation to Comply with § 558.003, Fla. Stat. Home Depot moves to stay this action under § 558.”
Moss & Assocs., LLC v. Daystar Peterson & Brickell Heights East Condo. Ass'n, Inc. (Fla. 3d DCA 2025). “§ 558.003, Fla. Stat. (2024) (emphasis added).”
Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co. (Fla. 2017). “Specifically, a claimant must “serve written notice of claim on the contractor, subcontractor, supplier, or design professional, as applicable” before the claimant may file an action for a construction defect.”
Gazzara v. Pulte Home Corp., 207 F. Supp. 3d 1306 (M.D. Fla. 2016). “The Plaintiffs assert three claims against Pulte: negligence (Count I); violations of the Florida Building Code (Count II); and intentional construction of defective stucco siding (Count III). By way of the instant motion, Pulte seeks dismissal of all three claims.”
Employers Ins. Co. of Wausau v. BL Companies Connecticut, Inc. (M.D. Fla. 2025). “§ 558.003 . The statutory remedy for failure to comply with Chapter 558’s procedures, however, is not dismissal of the action or judgment against the non-compliant plaintiff.”
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