Florida 558 Letter Sample: Contents, Service, and Wait Period

A Florida 558 letter is the pre-suit notice of construction defect claim required by Chapter 558 of the Florida Statutes, and a usable sample follows a fixed formula: it cites Chapter 558, identifies the property and the parties, describes each defect and its location in reasonable detail along with the resulting damage, and is served by certified mail, hand delivery, or courier at least 60 days before you file suit (120 days if you represent an association with more than 20 parcels).¹ Skip the notice, or draft it too vaguely, and a court will pause your lawsuit until you fix the problem.

What a Compliant 558 Letter Contains

The statute does not give you a form. It gives you content requirements. Every notice should carry the following on its face:

A prominent statement, near the top, that the letter is served pursuant to Florida Statutes Chapter 558. The statute expressly says the notice “shall refer to this chapter.”¹
The full legal address of the property where the defects exist.
The names of the claimant (property owner) and the recipient. If your claim arises from a contract, the notice must be directed to the party you contracted with, whether that is the general contractor, a subcontractor, a supplier, or a design professional.¹
The date of the construction contract, or the approximate date the work was substantially completed. This helps frame whether the claim falls within Florida’s time limits.
A numbered list of each alleged defect, with the specific location within the structure, the nature of the construction failure, and the damage or loss it has caused.
A statement that the recipient has the right to inspect the property and must respond in writing within the timeframe set by the statute.
Your contact information and your attorney’s contact information if you are represented.

Photographs, inspection reports, and repair estimates are not required, but attaching them makes the notice harder to dismiss as vague. You are not required to perform destructive testing or hire an expert before sending the letter. A visual inspection by you or someone acting on your behalf is enough at this stage.

Describing the Defects in Reasonable Detail

This is where most letters go wrong. Chapter 558 requires each defect to be described “in reasonable detail sufficient to determine the general nature of each alleged construction defect and a description of the damage or loss resulting from the defect, if known.”¹ Two things must be paired: the construction failure, and the harm it caused.

“The roof leaks” is not enough. “The roof installation on the north-facing slope allowed water intrusion at the ridge, which has stained and softened the drywall ceiling in the primary bedroom below” is enough. If a second-floor bathroom is leaking into the ceiling below, identify the bathroom, the plumbing failure, and the visible water damage downstairs. Vague descriptions force the contractor to guess, which weakens your position and invites delay during the inspection phase.

When multiple trades are involved, split the defects. Foundation cracks, plumbing failures, and roofing issues each belong under their own numbered item so the contractor can route each one to the appropriate subcontractor. Treat the letter like a checklist rather than a narrative, and you will hit the statutory requirements without leaving anything to interpretation.

How to Serve the Letter

The statute allows three delivery methods: certified mail with a postal service record of delivery or attempted delivery, hand delivery, or courier with written evidence of delivery.² Certified mail is the usual choice because the return receipt creates an automatic paper trail. Keep both the mailing receipt and the green card; if the case proceeds, you may need both to prove you complied.

If you hand-deliver the letter, get a signed acknowledgment from someone authorized to accept it. For courier delivery, keep the courier’s written delivery confirmation. Email is not on the statutory list, so do not rely on it, even if you have been communicating that way with the contractor.

When the recipient is a business, verify the registered agent’s current address through the Florida Division of Corporations before mailing.³ Businesses change registered agents. Sending the notice to an outdated address creates a fight about whether service was proper. The statute also encourages you to serve the notice within 15 days of discovering a defect, though missing that window does not bar the claim.¹

How Long You Must Wait Before Filing Suit

You cannot file a construction defect lawsuit in Florida until at least 60 days after serving the notice, or 120 days if you represent an association with more than 20 parcels.¹ Serving the notice tolls (pauses) the four-year statute of limitations until the later of 90 days after service (120 for large associations) or 30 days after the end of any accepted repair or payment period.²

One caveat matters if you are close to the outer deadline: Florida also has a seven-year statute of repose, running from the certificate of occupancy or completion, and serving a Chapter 558 notice does not toll it.¹ The limitations period for a latent defect starts when you discover or should have discovered it,⁴ but the seven-year outer boundary is fixed. If you are near it, plan the pre-suit timeline carefully.

What Happens After You Send the Letter

The contractor has 30 days from receipt to inspect the property (50 days for associations with more than 20 parcels).¹ You must give reasonable access during normal working hours so the contractor and their subcontractors or engineers can evaluate each defect you described. If the contractor wants to perform destructive testing, that requires mutual agreement and written notice covering the scope, personnel, expected damage, timeline, and restoration cost.

Within 45 days of receiving your notice (75 days for large associations),² the contractor must send you a written response by certified mail. The response has to be one of four things:

An offer to repair the defect at no cost to you, with a proposed schedule.
A monetary settlement offer to resolve the claim without further work.
A combination of repair and cash.
A written dispute denying the claim.

If the contractor disputes the claim or misses the deadline entirely, you can file suit.¹ If instead you receive an offer, you have 45 days to accept or reject it in writing. Filing suit before you formally accept or reject a timely offer causes the court to stay the case until you do. Receiving an unattractive offer does not, on its own, release you to sue.

Accepting a repair offer carries consequences in both directions. You must give the contractor reasonable access to complete the work on the agreed schedule. If the contractor then fails to perform on time and the delay is not caused by weather, materials, permits, or something you did, you can sue without any additional notice. If the repair is completed on time and as agreed, you are barred from suing on that defect.

Adding Defects You Discover Later

You can amend the notice as new defects come to light,¹ and you can list multiple defects in a single original notice. At trial, the court will hear claims only on defects you properly noticed and completed the pre-suit process for, plus defects “reasonably related to” a noticed defect. A related problem uncovered during the contractor’s inspection may come along without a separate notice. An unrelated new defect needs its own notice and its own pre-suit clock.

When the Process Does Not Apply

Chapter 558 is not automatically mandatory. A property owner and a contractor can agree in writing to opt out of the pre-suit procedures, or to substitute pre-action mediation, or to modify the notice requirements. Contracts executed after October 1, 2009 are generally subject to Chapter 558 unless they contain a written opt-out.⁵ Read the construction contract before drafting a letter. If your agreement opts out, sending a 558 notice may be unnecessary.

1
The Florida Legislature. Florida Code 558.004 – Notice and Opportunity to Repair
2
The Florida Legislature. Florida Code 558 – Construction Defects
3
Florida Department of State. Search Records – Division of Corporations
4
Florida Senate. Florida Code 95.11 – Limitations Other Than for the Recovery of Real Property
5
The Florida Legislature. Florida Code 558.005 – Contract Provisions and Application