The Issue
Chapter 558, Florida Statutes, requires a claimant to serve written notice of an alleged construction defect and give the contractor an opportunity to inspect and cure before filing suit. Two questions kept surfacing in Florida defect files: whether a claimant can sidestep the statute by pleading the defect as negligence rather than as a construction claim, and whether a trial court keeps discretion to let the case proceed anyway. The Third District answered both.
The Rule
In Moss & Associates, LLC v. Peterson, 406 So. 3d 344 (Fla. 3d DCA 2025), a condominium unit owner sued Moss & Associates, a general contractor, in negligence, alleging that construction and repair work caused water intrusion and damage to his unit. Moss moved to stay the litigation, arguing the claim was subject to Chapter 558 because the underlying allegations concerned defective construction and repair work, and the plaintiff had not complied with the statute before filing. The trial court denied the stay.
The Third District quashed that order. It held that Chapter 558 applies based on the substance of the allegations, not the label attached to the cause of action. And while trial courts generally have broad discretion over stays, the court concluded that the statute's mandatory presuit procedures leave no room for that discretion where the statute applies. The litigation had to be stayed until the plaintiff complied with the notice requirements of Chapter 558.
The Future Outlook
The court's focus on substance over form, and its strict enforcement of the stay, signal that Florida courts are likely to read Chapter 558 broadly: applying it to claims that arise from alleged construction defects however they are pled, and enforcing the presuit requirements rigorously.
For Claims Professionals
For CGL carriers and administrators handling construction insureds, three points follow. First, the Chapter 558 check belongs in first-notice evaluation: was notice served, and was the opportunity to cure honored? Second, when a claimant files without satisfying the statute, a motion to stay is a defense-cost lever, not a procedural footnote. It halts the litigation and moves the dispute into the notice, inspection and repair process, which reduces immediate defense spend and buys time to investigate. Third, the label on the complaint may not matter. A negligence count that describes defective work is a 558 claim.
What We Do
HD Law Partners defends carriers and their insureds in Florida construction defect and coverage litigation, statewide from one Tampa office. We also defend contractors and developers directly, so we see both sides of the managed repair and defect disputes that generate these files. Our insurance coverage group is led by a claims consultant who spent 31 years inside GEICO's Florida claims operation.
If a defect file has crossed your desk without a Chapter 558 notice, or you have any question about how Florida courts are applying the statute, reach out.