In Hebden v. Roy A. Kunnemann Const., Inc., 2009 WL 383570 (Fla. 4th DCA 2009), the Court held that an owner does not lose the right seek damages against a contractor for construction defects even if the owner rejected a settlement offer under Chapter, 558, Fla. Stat. The Court noted that failure to comply with Chapter 558 does not result in the loss of claims or defenses that a party may have in an action.
Trenton H. Cotney
Board Certified in Construction Law
1207 N Franklin St, Ste 222
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