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Pre-Suit Notice

Some states have enacted laws requiring homeowners to take various steps prior to filing a lawsuit. For example, in 2004 the Florida legislation passed a law mandating that homeowners complete a sixty-day notice procedure before filing a lawsuit against a homebuilder. Upon request, the parties must exchange any written reports prior to suit, or risk losing the right to use the report at trial. If the builder demands, the owner must permit "destructive testing" of his house or risk not recovering certain damages at trial. If suit is filed without complying with "Section 558," as the Florida law is called, it will be abated or dismissed until the builder is given an opportunity to inspect or repair. The statute requires specific procedures for the notice. If you are contemplating any litigation against your builder you should ask an experienced construction defect lawyer for help navigating Section 558. Other states have similar procedures.

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