Sued for Defective Work? The Court May Have to Stop the Case First

The Decision

Florida law requires anyone claiming a construction defect to notify the contractor in writing and give them a chance to inspect and fix the problem before filing a lawsuit. That is Chapter 558. In Moss & Associates, LLC v. Peterson, 406 So. 3d 344 (Fla. 3d DCA 2025), a condominium unit owner skipped that step. He sued Moss & Associates, the general contractor, for negligence over water intrusion he attributed to construction and repair work. Moss asked the trial court to pause the case until the owner complied with the statute. The trial court refused.

The Third District Court of Appeal reversed. It held that Chapter 558 applies to what the claim is actually about, not what the plaintiff calls it. Calling defective work “negligence” does not take it outside the statute. And the appellate court held that when Chapter 558 applies, the trial court has no discretion: the case must be stayed until the notice requirements are met.

What It Means for Your Business

If your company is sued over its work and the plaintiff never served a Chapter 558 notice, you may be entitled to put the litigation on hold. That forces the dispute back into the process the statute was built for: written notice of the specific defects, your right to inspect, and your opportunity to repair or offer settlement before anyone spends money on litigation.

That matters for two reasons. Litigation is expensive from day one, and a stay pushes those costs back or off the table entirely if the settlement and repair process resolves the claim. And the inspection gives you a look at the alleged defect on your own terms, with your own people, before an expert retained by the other side frames it for a jury.

Practical Steps

Three things to do when a defect suit lands. First, before anything else, check whether a Chapter 558 notice was ever served and whether the inspection and cure period ran. Second, consider a motion to stay, as courts should enforce the Chapter 558 process. Third, preserve the project record now: contracts, change orders, inspection reports, correspondence about the alleged defect, and photographs. The 558 process is an inspection process, and you want to walk into it with the file complete.

What We Do

HD Law Partners defends contractors, subcontractors, developers and design professionals in Florida construction disputes, and we try cases. One Tampa office, statewide representation. We handle Chapter 558 from the notice stage through trial.

If you have been served a construction defect claim, or you have any question about Florida construction litigation, reach out.

HD Law Partners was not counsel of record in the matter discussed. Prior results do not guarantee a similar outcome.