Florida Construction Law

Omar Haber v. Deutsche Bank National Trust Company, as Trustee , 37 Fla. L. Weekly D464a, Case No. 4D10-4458, filed February 22, 2012. Trial court’s summary judgment for lender in mortgage foreclosure was reversed based on lack of evidence that lender had given notice and opportunity to cure as required by the mortgage agreement. (RPPTL Subcommittee). Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

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 (81...

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 Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com