Florida Statute 558.003 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 558
CONSTRUCTION DEFECTS

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F.S. 558.003

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.

History.—s. 3, ch. 2003-49; s. 3, ch. 2004-342; s. 2, ch. 2009-203.

F.S. 558.003 on Google Scholar

F.S. 558.003 on Casetext

Amendments to 558.003

Arrestable Offenses / Crimes under Fla. Stat. 558.003

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 558.003.

Annotations, Discussions, Cases:

Cases Citing Statute 558.003

Total Results: 9

Gindel v. Centex Homes

Court: District Court of Appeal of Florida | Date Filed: 2018-09-12

Citation: 267 So. 3d 403

Snippet: arising out of an alleged construction defect. 558.003 A claimant may not file an action subject to this

Gindel v. Centex Homes

Court: District Court of Appeal of Florida | Date Filed: 2018-09-12

Citation: 267 So. 3d 403

Snippet: arising out of an alleged construction defect. 558.003 A claimant may not file an action subject to this

ROBERT C. GINDEL v. CENTEX HOMES

Court: District Court of Appeal of Florida | Date Filed: 2018-09-12

Snippet: out of an alleged construction defect. 558.003 A claimant may not file an action subject to this

Altman Contractors, Inc. v. Crum & Forster Specialty Insurance Company

Court: Supreme Court of Florida | Date Filed: 2017-12-14

Snippet: file an action for a construction defect. See § 558.003, Fla. Stat. (2012). Specifically, a claimant must

Busch v. Lennar Homes, LLC

Court: District Court of Appeal of Florida | Date Filed: 2017-04-13

Citation: 219 So. 3d 93, 2017 WL 1372085, 2017 Fla. App. LEXIS 5106

Snippet: the defect 60 days prior to filing suit. See §§ 558.003; 558.004(1), Fla. Stat. (2015). 2

Banner Supply Co. v. Harrell

Court: District Court of Appeal of Florida | Date Filed: 2009-12-23

Citation: 25 So. 3d 98, 2009 Fla. App. LEXIS 20037, 2009 WL 4927912

Snippet: arising from construction defects). [3] See § 558.003, Fla. Stat. (2008) ("A claimant may not file an

Hebden v. Roy A. Kunnemann Construction, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2009-02-18

Citation: 3 So. 3d 417, 2009 Fla. App. LEXIS 1272, 2009 WL 383570

Snippet: "claimants" under section 558.002(3). Section 558.003 states that a "claimant may not file an action

American Emp. Ins. Co. v. Yeomans

Court: District Court of Appeal of Florida | Date Filed: 1978-04-26

Citation: 356 So. 2d 1281

Snippet: opinion in Liberty Mutual, supra, 288 So.2d at 558.[3] In light of the foregoing, the trial court erred

Bibb v. Bickford

Court: District Court of Appeal of Florida | Date Filed: 1963-01-17

Citation: 149 So. 2d 592

Snippet: [2] Edwards v. Edwards (Fla. 1958), 106 So.2d 558. [3] Kearley et al. v. Crawford et al., 112 Fla. 43