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Expert Analysis

Controversy Remains In Fla.'s Construction Defect Law

Law360, New York (June 29, 2015, 10:10 AM EDT) -- Chapter 558 of the Florida Statutes requires the owner of real property in Florida to provide certain construction parties with a formal written notice of any potential construction defects and the reasonable opportunity to fix the defects before a construction defect lawsuit is filed. Unless parties have agreed to opt-out of the requirements of Chapter 558, its statutory provisions apply to all commercial and residential construction contracts. The goal of Chapter 558, sometimes referred to as the "notice and opportunity to repair" law, is to provide parties an opportunity to resolve defect claims without resort to litigation....

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