General Contractors and Subcontractors: Navigating Liability in Construction Claims
Posted in Legal Alerts on July 5, 2022
In Florida all construction claims must comply with the pre suit requirements of Florida Statute Section 558. The property owner is obligated to follow a legal process under Fla. Stat. § 558 that requires them to first notify all applicable contractors and subcontractors about the defect before taking any additional legal action. If a contractor believes one of its subcontractors was at fault for the defect, the contractor will forward the § 558 notice to them. Both the contractor and subcontractor may be present at a walkthrough of the property to see what the property owner claims is a defect. Under the statute the contractor must provide a response within a specific time period. The benefit of the process, is it allows the contractor in early to review the project and potentially make an offer of repair or resolution without litigation. It also benefits the contractor to put on notice all responsible subcontractors for risk transfer obligations to either defend, indemnify or both for their work on the project.
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