CONSTRUCTION LEGAL ENVIRONMENT
II. Florida’s construction defect statute, F.S. 558.001 and the balance of Chapter 558 which
became effective on M ay 27, 2003 has caused considerable confusion among construction
practioners and contractors relating to its procedure and enforcement. This statute dramatically
altered the industry in the litigation of construction defect claims by requiring homeowners to
provide contractors and other allegedly responsible parties with prior written notice and an
opportunity to cure the alleged defects prior to filing a lawsuit.

Please fumish a summary of 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 positive and negative aspects as it relates to both parties conceming the
Mutual Exchange of Evidence, the Right to 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.

III. Due Date and Courcse Grade

This assignment shall be worth ten (10%) of the total course grade and shall be due no
later than November 25, 2013. No excuses are acceptable given students have four (4) months to
complete this assignment. A letter grade will be deducted for every day the graduate student
paper is later.