Deciding to build a home or other structure is likely to be one of the largest financial transactions that someone will make in their entire life. In Florida, where building codes are among the most stringent in the country, contractors and other building professionals are entrusted with turning a property owner’s dreams into reality. The unfortunate reality is that in many instances, construction or design professionals fall short in their efforts, whether due to their inability to adhere to a tight construction schedule, to stay under budget, or simply due to mere negligence. When this occurs, owners are often reluctant to initiate legal action against their contractors or designers. For many, this is the first time that they have felt it necessary to contact a lawyer and are naturally apprehensive of the process, preferring to seek a less extreme alternative to full-blown litigation.

Chapter 558 of the Florida Statutes was enacted to govern construction disputes. The s tatute requires that property owners give pre-suit notice to any construction or design professionals before they take legal action against them, and bills itself as “an alternative method to … reduce the need for litigation as well as protect the rights of property owners.” However, cynics and skeptics of the intentions of plaintiffs who initiate litigation as a result of defective construction always seem to argue that plaintiffs view Chapter 558 merely as a procedural hoop to jump through, with their end goal always being litigation. This myopic viewpoint not only leads to more extensive rifts between plaintiff and defendant, but also entirely discounts the fact that Chapter 558 actually provides for more than just a monetary resolution, should the parties agree that resolution is appropriate.