Florida Construction-Defect Presuit Notice Mailing Requirements
Florida requires a written construction-defect notice before suit. Certified Mail with USPS evidence is one accepted service method, alongside hand delivery and a qualifying courier.
Trigger
A claimant plans to file an action alleging a construction defect.
Sender
The property owner, association, or other claimant
Recipient
The contractor, subcontractor, supplier, or design professional being noticed. For work done under a contract, the person the claimant contracted with
Timing
At least 60 days before suit; associations representing more than 20 parcels generally use a 120-day period.
Mailing method
Certified Mail with USPS evidence, hand delivery, or a courier with written delivery evidence.
Jurisdiction
Florida; verified 2026-10-28
Timing
When the notice has to go out
At least 60 days before suit; associations representing more than 20 parcels generally use a 120-day period.
The notice of claim must be served at least 60 days before filing suit, or at least 120 days for an association representing more than 20 parcels.
This counts calendar days from the date you enter. Florida Statutes § 558.004 says which date the count starts from, whether mailing or delivery counts, and what happens when the last day falls on a weekend or holiday. If your rule counts from delivery, allow for transit: most letters arrive about 6 business days after they are sent, and about 4 in 5 within 10.
- Refer to Chapter 558 of the Florida Statutes in the notice.
- Describe each alleged defect in reasonable detail.
- Identify the damage or loss resulting from each defect, if known.
- Provide the location of each defect so the recipient can inspect it.
- Classify the claimant before choosing the 60-day or 120-day period.
- Create a recipient list for every responsible party being noticed.
- Retain the notice, supporting exhibits, mailing evidence, and response timeline in one file.
Where KiteCourier fits
Useful for associations and construction counsel with multi-recipient cases, but event volume is lower than routine lien notices.
Product constraint
KiteCourier does not inspect defects, draft the claim, or determine the governing deadline.
Alternatives
- Hand delivery to the recipient.
- Delivery by courier with a written receipt or other delivery evidence.
Exceptions and qualifications
- Associations with more than 20 parcels have different timing.
- The statute includes emergency-repair and other procedural provisions that may affect the process.
Source record
Verify the current authority
Florida Statutes § 558.004
Defines the presuit notice, timing, inspection, and response process.
Florida Statutes § 558.002
Defines service to include Certified Mail with evidence, hand delivery, and documented courier delivery.
Reviewed 2026-10-28 by KiteCourier research. This guide summarizes the cited sources; it is not legal advice and does not determine whether a rule applies to a particular matter. Rules, forms, fees, and agency guidance can change.
Related requirement guides
Turn the final notice into a complete proof record.
Send one letter or a batch. KiteCourier handles printing, USPS handoff, tracking, return receipts, and organized evidence storage.