Claimants under Chapter 558, Fla. Stat.

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Generally, Chapter 558 provides contractors with the right to receive notice and an opportunity to cure prior to being sued.  In order to use Chapter 558, you must be considered a "claimant" as defined in Section 558.002, Fla. Stat., which states in pertinent part:

"Claimant" means a property owner, including a subsequent purchaser or association, who asserts a claim for damages against a contractor, subcontractor, supplier, or design professional concerning a construction defect or a subsequent owner who asserts a claim for indemnification for such damages. The term does not include a contractor, subcontractor, supplier, or design professional.

Therefore, if you are not a property owner, subsequent purchaser or association who acts as agent for property owners then you will not be able to utilize Chapter 558.


Trenton H. Cotney
Board Certified in Construction Law
Trent Cotney, P.A.
1207 N Franklin St, Ste 222
Tampa, FL 33602
(813) 579-3278


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