A property owner may claim that your work has a construction defect and seek payment for the damage. You may believe that repairing the defect offers a more practical solution than paying money to settle the claim.
Florida’s Chapter 558 process allows certain construction professionals to respond to alleged defects before a lawsuit proceeds. A builder or contractor may offer to repair a defect, but the property owner does not have to accept that offer.
What Must A Repair Offer Include?
If you offer to repair an alleged construction defect under Chapter 558, your written response must explain the proposed remedy. A repair offer must include the following details:
- Description of the repairs you propose to complete
- Timetable for completing the proposed repair work
- Statement explaining whether the repairs will fully remedy the alleged defect or settle the claim in part
These details define the remedy you are offering. If your proposal addresses only some of the alleged defects, the claimant may continue to pursue the unresolved parts of the claim. A repair offer can therefore resolve a dispute only to the extent that the claimant accepts its terms.
Does The Owner Have To Accept The Offer?
A property owner does not have to accept a Chapter 558 repair offer. The claimant may reject the proposal and continue with the claim after completing the required pre-suit process. Rejecting the offer does not establish that you caused the alleged construction defect.
The repair offer can still identify the remedy you proposed and the issues that remain unresolved. For example, the claimant may argue that your proposal leaves some damage unrepaired, while you may dispute whether your work caused that damage. If the parties cannot resolve those disagreements, the construction defect claim may proceed to litigation.
How Do Repair Offers Affect Defect Claims?
A repair offer can give the parties a way to address an alleged construction defect without immediately turning the dispute into litigation. It allows the contractor to identify a proposed solution and gives the property owner an opportunity to evaluate whether that solution addresses the claimed problem.
Along with the repair offer, the parties may consider the construction contract, project records, inspection findings, and other information related to the alleged defect. These materials can provide additional context about the work performed, the concerns raised, and the issues involved in the dispute.