Chapter 558 notices of construction defect claims
Before most construction defect lawsuits, Florida requires the claimant to serve a written notice of claim, generally at least 60 days before filing suit. Design professionals, including licensed architects, landscape architects, engineers, surveyors and registered interior designers, can receive one.
The statute sets deadlines once a notice is served: the person served may forward it to others it believes are responsible within 10 days, may inspect within 30 days, and must serve a written response within 45 days. Claims involving associations of more than 20 parcels have longer periods. Report a 558 notice to your insurers right away and before you respond.
Source: Fla. Stat. 558.004 · Fla. Stat. 558.002 (definitions)
Read more: One defect claim, two policies: GL and professional liability · Tendering a claim to your subs and consultants · What to do when you get a claim
Demands for your insurance information
Florida Statute 627.4137 lets a claimant ask each insurer that may cover a claim for a sworn statement, within 30 days of the written request, listing the insurer, each insured, the limits, any coverage defense the insurer believes it has, and a copy of the policy. The duty is on the insurer. It includes excess and umbrella policies.
Forward any request like this to your agent the day it arrives so every insurer that may be involved receives it.
Source: Fla. Stat. 627.4137
The 7-year statute of repose
Florida generally requires an action founded on the design, planning or construction of an improvement to real property to be commenced within 7 years of the certificate of occupancy, temporary certificate of occupancy, certificate of completion or abandonment of construction, whichever is earliest. There are exceptions, including for certain counterclaims and third-party claims.
General liability is usually written on an occurrence basis, so a claim years later may involve an older policy. Professional liability is usually claims-made, so keeping coverage continuous matters.
Source: Fla. Stat. 95.11
Read more: Damage found years after the job: which GL policy pays · How claims-made coverage works
Private providers doing plan review and inspections
Private providers under Florida Statute 553.791 must carry professional liability covering all private provider services, with minimum limits that depend on the project's construction cost, at least 5 years of coverage after the work if the policy is claims-made, and an insurer authorized in Florida with an A.M. Best rating of A or better.
Source: Fla. Stat. 553.791
Read more: Florida private provider insurance: what 553.791 requires
Condominium work
Some professional liability policies exclude or limit condominium projects, and condo work can affect pricing at renewal. If you work on condos, including single-unit renovations, check your policy for a condo exclusion or sublimit and describe the work accurately on your application.
Source: Fla. Stat. Chapter 718 (Condominium Act)
Read more: Condo exclusions in professional liability · Condominium and multifamily projects
Terms on this page
Chapter 558 notice · Statute of repose · Notice of circumstance · Your work exclusion · Tender of defense · Continuous coverage