Florida Construction Defect Demand Letter

Sample Language - § 558.004 Notice

[Your Name]
[Property Address]
[City, State, ZIP]

[Date]

[Contractor Name]
[Contractor License Number]
[Address]

VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED

RE: NOTICE OF CONSTRUCTION DEFECT CLAIM - FL STAT § 558.004
Property: [ADDRESS]
Contract Date: [DATE]
Substantial Completion: [DATE]

Dear [Contractor Name]:

Pursuant to Florida Statute § 558.004, this letter constitutes formal NOTICE OF CONSTRUCTION DEFECT CLAIM for defects in the design, planning, and/or construction of improvements to the above-referenced property.

PROJECT BACKGROUND:

On [DATE], we entered into a construction contract for [describe project - e.g., "new home construction," "major renovation including roof replacement, room addition, plumbing/electrical upgrades"]. Contract price: $[AMOUNT]. Substantial completion occurred on [DATE].

DETAILED DESCRIPTION OF DEFECTS:

Post-completion, the following construction defects have been discovered:

1. ROOF DEFECTS & WATER INTRUSION:
- Active leaks in [locations]
- Improper flashing around [chimneys, skylights, valleys]
- Shingles installed contrary to manufacturer specifications
- Missing or insufficient underlayment
- Water damage to interior: [ceiling stains, wall damage, mold growth]
- Violates FL Building Code [cite specific sections]

2. STRUCTURAL DEFICIENCIES:
- [Foundation cracks exceeding acceptable tolerances]
- [Framing not to engineered plans]
- [Load-bearing walls improperly modified]
- [Floor/ceiling joists undersized or improperly spaced]
- Creates life-safety hazards and violates FL Building Code § [X]

3. PLUMBING DEFECTS:
- [Leaking pipes/connections at locations]
- [Improper venting causing sewer gas infiltration]
- [Drain lines with insufficient slope causing backups]
- [Hot water heater installed not to code]
- Violates FL Plumbing Code and contract specifications

4. ELECTRICAL VIOLATIONS:
- [Outlets/circuits not to code]
- [Panel box overcrowded/improper breaker sizing]
- [Missing GFCI protection in required locations]
- [Exposed wiring creating fire/shock hazard]
- Violates FL Electrical Code and creates life-safety issues

5. HVAC DEFICIENCIES:
- [System undersized for square footage per Manual J calculation]
- [Duct leakage exceeding 10% per energy code]
- [Improper installation not per manufacturer specs]
- Results in inadequate cooling and excessive energy costs

6. BUILDING CODE VIOLATIONS:
- [List specific FL Building Code violations]
- [Unpermitted work / failed inspections]
- [Hurricane protection deficiencies (critical in Florida)]
- Creates liability, prevents insurance coverage, and bars property sale

EVIDENCE & DOCUMENTATION:

The defects described above are supported by:

- Licensed engineer's report dated [DATE] (attached)
- Independent contractor inspection/estimate dated [DATE] (attached)
- Building code inspector findings (attached)
- Photographs and videos (attached)
- Manufacturer installation manuals showing deviations (attached)
- [Mold assessment report]
- [Structural engineer analysis]

DAMAGES:

The construction defects have caused substantial economic harm:

- Cost to repair roof defects: $[AMOUNT]
- Structural repairs: $[AMOUNT]
- Plumbing corrections: $[AMOUNT]
- Electrical repairs to code: $[AMOUNT]
- HVAC replacement/correction: $[AMOUNT]
- Mold remediation: $[AMOUNT]
- Building code violation corrections: $[AMOUNT]
- Temporary housing during repairs: $[AMOUNT]
- Diminution in property value: $[AMOUNT]
- Engineering/inspection costs: $[AMOUNT]
Total Estimated Damages: $[AMOUNT]

STATUTORY RESPONSE PERIOD - § 558.004:

Under FL Stat § 558.004(2), you have 60 days from receipt of this notice to:

1. Inspect: You may inspect the property within 30 days by providing reasonable notice.
2. Respond: Within 45 days, you may:
(a) Make a written settlement offer
(b) Offer to remedy the defects at no cost
(c) Dispute the claim with explanation
3. Completion: Any agreed remedial work must be completed within timeframes specified in § 558.004.

To schedule inspection, contact me at [PHONE] or [EMAIL].

SETTLEMENT DEMAND:

I am willing to resolve this matter without litigation. Acceptable resolutions include:

Option 1: Payment of $[TOTAL DAMAGES] allowing me to hire qualified contractors to remedy all defects.

Option 2: You remediate all defects at your expense using licensed contractors acceptable to me, with independent verification of code-compliant repairs, completed within [X] days.

LEGAL CONSEQUENCES OF NON-RESPONSE:

If you fail to make reasonable settlement offer or properly remediate defects within the statutory period, I will file suit seeking:

1. Full cost of repairs and corrections: $[AMOUNT]
2. Consequential damages (temporary housing, property value diminution)
3. Breach of contract damages
4. Negligence damages
5. FDUTPA damages if deceptive practices occurred (§ 501.204)
6. Attorney fees and costs (per contract and/or § 501.2105)
7. Expert witness fees
8. Pre-judgment and post-judgment interest

Additionally, I will:
- File formal complaint with Florida Construction Industries Board seeking license sanctions
- File complaint with local building department for code violations
- Record notice of construction defect affecting property title (if necessary)
- Pursue bonding company claims

PRESERVATION OF EVIDENCE:

Please be advised that all defective conditions are being preserved and documented. Do not attempt to access the property or perform any work without my express written consent and coordination.

CONCLUSION:

This notice satisfies the pre-suit requirements of FL Stat § 558.004. I prefer to resolve this matter cooperatively, but I am prepared to pursue all legal remedies if necessary.

The 60-day statutory period begins upon your receipt of this notice. I expect your response within 45 days per § 558.004(2).

Sincerely,
[Your Signature]
[Your Name]
[Phone Number]
[Email Address]

ATTACHMENTS:
- Engineer's Report
- Contractor Estimates
- Building Inspector Reports
- Photographs of Defects
- Contract Documents
- [Other supporting documentation]