10 PAGE PAPER ON FLORIDA’S CONSTRUCTION DEFECT STATUTE, F.S. 558.001

Florida’s Construction defect statute, F.S. 558.001 and the balance of Chapter 558 which became effective on May 27 2003 has caused considerable confusion among construction and practitioners and contractors relating to its procedure and enforcement.

Please furnish a summary or the obligations, responsibilities and time limitations imposed on those parties required to serve notice of the defect and those parties receiving notice of the defect. Discuss both the posititve and negative aspects as it relates to both parties concerning the Mutual Exchange of Evidence, the right t Inspect the Property, Destructive Testing , The Contractor’s failure to take any action, the Contractor’s Failure to Honor an agreement to Make Repairs, and the time limits to complete promised repairs.

Finally, provide a conclusion regarding the effectiveness of this statute and its benefit(s), if any, to the construction industry and the homeowner.