Florida’s rapid growth has fueled condominium and community developments across Tampa Bay, St. Petersburg, and Jacksonville. With that growth comes an increase in construction defect claims—often involving water intrusion, stucco problems, or roof failures. To manage these disputes, Florida requires parties to follow the 558 process, a pre-suit procedure designed to resolve construction issues before they escalate into full-blown litigation.

What Is the 558 Process?

The Florida 558 process (named after Chapter 558 of the Florida Statutes) requires owners or associations to notify contractors of alleged defects before filing a lawsuit. This allows contractors and subcontractors to inspect the property and respond within 60–120 days, depending on project size.

In practice, the process serves as a cooling-off period. It was introduced in the early 2000s to give contractors back some leverage, since owners previously waited until project completion to raise complaints, often withholding final payments.

Why Condominium Associations Often Use It

When developers turn over condominium associations to unit owners, engineers conduct turnover assessments. These assessments often reveal defects ranging from minor warranty issues to major water intrusion or structural damage.

Associations then must decide whether to:

• Negotiate repairs with contractors, or
• Pursue litigation to recover damages.

Insurance becomes the deciding factor. Claims are usually written to trigger coverage, showing that a defect caused property damage beyond its scope—for example, a leaking window damaging drywall and framing. Since insurance payouts are often more reliable than pursuing contractor assets, associations build their cases around insurance recovery.

Contractor Considerations

For contractors in Tampa, St. Pete, or Jacksonville, receiving a 558 notice is a critical moment.

• Inspection Is Key – Distinguish between real defects and maintenance failures.
• Insurance Coverage – Confirm that subcontractors have listed you as an additional insured.
• Proactive Response – Respond quickly and thoroughly; silence weakens your position if litigation follows.

Failing to engage in the 558 process not only escalates disputes but also limits potential defenses in court.

Weaknesses of the 558 Statute

While Chapter 558 offers a structured framework, it has limitations. Lawsuits are sometimes filed before the 120-day process is complete, and the statute offers little penalty for noncompliance. Despite these flaws, it remains an essential first step in Florida construction litigation.

Internal Links & Resources

• Learn what comes after the 558 process in our post on mediation in construction law cases.
• Explore our construction law services in Tampa, St. Pete, and Jacksonville.
• Meet our attorneys: Chip Bachara, Jacksonville construction attorney and Hugh Higgins, St. Pete construction attorney.

Conclusion

Florida’s 558 process is intended to encourage resolution before litigation. For associations, it provides a way to trigger insurance coverage and negotiate repairs. For contractors, it offers a chance to respond and protect against future liability.

Facing a construction dispute in Florida? Whether you’re dealing with the 558 process, mediation, or complex defect claims, our team at Bachara Construction Law Group is here to help. With offices in Tampa, St. Pete, and Jacksonville, our attorneys focus exclusively on construction law and know how to protect your interests.

Contact us today to schedule a consultation with an experienced construction law attorney.

FAQ

Q: What is the purpose of Florida’s 558 process?
A: The 558 process gives contractors a chance to inspect and address alleged construction defects before a lawsuit is filed, reducing unnecessary litigation.

Q: How long does the 558 process take?
A: The process lasts 60–120 days, depending on the number of units involved. Larger condominium associations usually fall under the 120-day timeline.

Q: What happens if contractors don’t respond to a 558 notice?
A: If no response is provided, litigation is the next step. This lack of engagement can weaken the contractor’s case in court, especially if it misses the ability to inspect the project before repairs are performed.

Q: Why do associations use the 558 process?
A: Associations use it to document defects and build cases that trigger insurance coverage, increasing the likelihood of financial recovery.

Need Help with a Construction Lien?

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Our team is here to help you protect your lien rights, negotiate effectively, and recover what you are owed.

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