What You Don’t Know About a Florida Construction Defect Notice Could Cost You
When a Florida Construction Defect Notice shows up at your office, it’s more than paperwork. It’s the beginning of a legal process that could impact your next bid, your insurance rates, and your company’s reputation.
Under Florida Statutes Chapter 558, this notice kicks off the Right to Cure process. It’s your legal shot at fixing or resolving the issue before a lawsuit lands in your lap.
If you’re a commercial contractor working on large projects in places like CityPlace, Northwood, or the Warehouse District in West Palm Beach, these notices aren’t rare. And if you don’t respond properly, you lose your chance to avoid court.
That’s where Maier Law, P.A. comes in. Jason C. Maier is Florida Bar Board Certified in Construction Law and offers general matter retainers to keep you ahead of these claims before they escalate.
Understanding the 558 Notice and Right to Cure
This notice is required under Chapter 558. Before a property owner can file a lawsuit for a defect, they must send you this notice and give you a chance to inspect, repair, or make an offer of settlement.
Here’s what the process looks like:
- Notice is sent – The property owner must send a written notice at least 60 days before filing suit.
- You respond – You have 30 days to inspect the alleged defect and issue a written response.
- Make an offer – Your response can include an offer to repair, to settle with payment, or to deny the claim entirely.
- Owner decides – If they accept your offer, the issue may be resolved. If not, they can move forward with legal action. Your offer should be written by a qualified attorney to make sure you offer what you intend. That way, if the offer is accepted, you do not have to further litigate the matter.
How the Right to Cure Can Work in Your Favor
When done right, the Right to Cure process saves time and money. It allows you to fix problems and protect your reputation without the costs of court.
But you have to be strategic. That means doing more than patching drywall in a condo tower off South Flagler Drive. It means knowing what to admit, what to deny, and how to control the narrative.
A Board Certified Construction Lawyer can help you prepare a proper response. Maier Law, based in West Palm Beach, works with general contractors and developers across Palm Beach Lakes Boulevard, Palm Beach Outlets, and the surrounding commercial districts to protect their businesses from escalating claims.
Common Mistakes Contractors Make When Responding
We’ve seen too many firms make costly errors when responding to a Florida Construction Defect Notice. Here are a few:
- Ignoring the deadline – Missing the 30-day window can hurt your credibility and defense.
- Sending vague responses – A half-baked reply won’t help. It might even be used against you.
- Offering repairs without a legal review – You could accidentally admit fault.
- Failing to involve a qualified attorney early – You risk losing control of the process.
Statutory Deadlines You Can’t Afford to Miss
Florida’s defect laws are strict about timelines:
- Statute of Limitations: 4 years from discovery of the defect
- Statute of Repose: 7 years from the latest of various dates listed in the statute
- Right to Cure Notice: Must be sent by the claimant 60 days before filing suit
- Contractor Response Deadline: 30 days to inspect and respond
Failing to track these dates is a common pitfall, especially on big projects like shopping centers near Rosemary Square or hospitals near Good Samaritan Medical Center.
Why You Need a Florida Bar Board Certified Construction Lawyer
Board certification is a Florida Bar distinction awarded to attorneys who meet rigorous standards. Jason C. Maier, managing partner of Maier Law, is one of fewer than 500 lawyers in the State with this certification in construction law.
That’s not a marketing title. It means deep knowledge, courtroom experience, and verified expertise. It is the highest distinction offered by the Florida Bar in a particular practice area.
“We don’t just know the statutes. We’ve worked every angle of these disputes,” says Maier. “From condo projects near Clematis Street to public infrastructure builds, we know how to respond and protect your interests.”
Stay Ahead of Claims With a General Matter Retainer
One way to stay proactive is by setting up a general matter retainer with Maier Law, P.A. This gives your firm access to ongoing legal guidance on all aspects of defect notices, compliance, contracts, and dispute resolution.
Instead of scrambling when a notice arrives, you’ll have a local legal partner already familiar with your projects in places like Grandview Heights or the Western Communities.
With Maier Law on retainer, we can:
- Review your subcontractor agreements to shift risk
- Handle initial 558 responses to avoid litigation
- Represent your interests during inspections and settlement discussions
- Track deadlines and advise on strategy
- Defend you if a lawsuit is filed
This kind of proactive legal relationship is especially useful for general contractors working in high-liability areas like airport construction, shopping centers, or mixed-use developments.
Protect Your Projects, Protect Your Business
Receiving a Florida Construction Defect Notice doesn’t have to mean legal disaster. But it does require immediate, strategic action. The Right to Cure process gives you a window to resolve issues before court, but only if you use it well.
Having the right attorney on your side, especially one familiar with the West Palm Beach commercial construction scene, can make the difference between a clean resolution and a drawn-out legal battle.
If your firm handles large-scale commercial projects and you’re tired of reactionary legal help, contact Maier Law, P.A. We’ll help you stay ahead of defect claims and protect your business long-term.
Trust Maier Law, P.A.
Jason C. Maier is a Board Certified Construction Lawyer based in West Palm Beach. Licensed since 2000 and practicing in all relevant Florida courts, he represents contractors, owners, subcontractors, developers, and design professionals across South Florida. He was named a Super Lawyers “Rising Star” in 2012 and continues to focus on helping large firms avoid costly disputes.
Contact us today to set up a general matter retainer and take control of your legal risk. Click here or call us today at (561) 318-6589 or visit us at 500 S Australian Ave, Suite 500, West Palm Beach, FL
About Jason C. Maier
Jason C. Maier is a Florida Bar Board Certified Construction Lawyer and Managing Partner of Maier Law, P.A. Based in West Palm Beach, Jason has represented contractors, owners, subcontractors, developers, design professionals, and suppliers in complex lien matters across Florida. His deep knowledge of lien law and commercial construction litigation has made him a trusted legal resource for major infrastructure and real estate projects throughout Palm Beach County and everywhere else in Florida.