Last updated September 2026
You told the contractor that water was coming through a window. The contractor inspected it and offered to caulk the window—if you sign a release. Can you reject the offer and sue? Do you have to let the contractor try the repair first?
Before answering either question, ask an earlier one: Did you serve a proper Chapter 558 notice of claim? Florida’s Chapter 558 establishes a pre-suit notice and opportunity-to-resolve process for covered construction-defect claims. A conversation, service request, or email saying “the window leaks—please fix it” should not be assumed to satisfy that process. The owner’s notice is the event that starts it. Fla. Stat. § 558.003; Fla. Stat. § 558.004
First: Was your notice actually a Chapter 558 notice?
For a covered claim, the owner generally must serve a written notice at least 60 days before filing an action; the period is 120 days for an action involving an association representing more than 20 parcels. Certain responses can permit an earlier action. The notice must refer to Chapter 558. If the defect claim arises from work under a contract, it must be served on the person with whom the claimant contracted. Fla. Stat. § 558.004(1)(a), (1)(c)
The reference to Chapter 558 matters, but there is no requirement to recite a particular incantation beyond what the statute requires. The notice must also describe each alleged defect in reasonable detail, identify its location well enough for the recipient to find it without undue burden based on at least a visual inspection, and identify resulting damage or loss if known. You need not establish the underlying cause or conduct destructive testing before giving notice. A description of water appearing below a particular window during rain, with its location and known damage, may do more work than an unsupported diagnosis of why it leaks. Fla. Stat. § 558.004(1)(a)–(b)
Delivery also counts. The statute defines service as certified mail with a USPS record of delivery or attempted delivery, hand delivery, or courier delivery with written evidence of delivery. An ordinary email alone is not one of those methods. Keep the notice and proof of service. Fla. Stat. § 558.002(9)
If you sent your own notice, have its contents, recipient, and service checked before treating a later contractor response as proof you complied. A contractor’s willingness to inspect or negotiate does not itself establish that your earlier communication met the statutory requirements. If you sue on a covered claim without complying, the court must, on a timely motion, stay the action without prejudice until you comply; the statute does not prescribe automatic dismissal. Fla. Stat. § 558.003
Then: What does the contractor’s response mean?
After proper notice, the recipient has an opportunity to inspect and must serve a written response within the applicable statutory period—ordinarily 45 days after service of the notice, with a longer period for a qualifying association claim. The response may offer a no-cost repair with a detailed repair description and timetable; offer money and a payment timetable; propose both; dispute the claim; or invoke the statutory insurer-determination option. A contractor’s offer to repair or pay is not an admission of liability. Fla. Stat. § 558.004(2), (5), (9)
Is the offer binding on you? Must you accept it? No. Chapter 558 gives the owner a chance to resolve a covered claim before suit; it does not require acceptance of a repair or settlement offer. But a claimant who receives a timely settlement offer must serve written acceptance or rejection on the offeror within 45 days after receiving it. Do not confuse the right to reject with a right to ignore the offer. If the claimant files suit without first accepting or rejecting it, the court must stay the action on a timely motion until the claimant responds. Fla. Stat. § 558.004(7)
What if you reject it? Rejection does not, by itself, make you accept the proposed repair or release, nor does it necessarily mean suit can be filed that day. The owner must still satisfy the applicable Chapter 558 pre-suit requirements and assess filing deadlines. If the recipient expressly disputes the claim or does not respond within its statutory response period, the owner may proceed without further notice on the claim described in the notice. The statute also permits suit on unresolved portions after a partial settlement agreed to by the parties. Fla. Stat. § 558.004(1), (6)–(7)
Can you accept only part of an offer? Do not assume that marking up an offer or saying “I accept the repair but not the release” creates an agreement. Chapter 558 permits a partial settlement or compromise as agreed to by the parties; it does not give the owner a unilateral right to impose different terms. Specify which defects, work, payment, and claims the parties agree to resolve, and obtain the contractor’s agreement to that narrower resolution. Otherwise, make your acceptance or rejection clear and timely. Fla. Stat. § 558.004(6)–(8)
Can you counteroffer? Yes, you can propose different terms. A counterproposal is a negotiation, however—not an automatic extension of the statutory 45-day period or an acceptance of the original offer. Serve a clear written response to any timely settlement offer by the deadline, and document any agreement changing the Chapter 558 notice procedure in writing. Fla. Stat. § 558.004(7); Fla. Stat. § 558.005(4)
What if the repair requires a release?
Chapter 558 does not say an owner must sign every release a contractor attaches to an offer. Nor does it prohibit the parties from negotiating a release as part of a settlement. Read the actual offer and release together. If the contractor expressly conditions its work on a full release, do not assume you can accept the work while rejecting that condition. Negotiate a narrower agreement or reject the offer in writing within the applicable response period.
The release matters because Chapter 558 already gives an accepted and properly performed offer important consequences: if the offeror pays or repairs within the agreed time and manner, the claimant is barred from suing on the claim described in the notice or as otherwise provided in the accepted settlement offer. A proposed release may therefore broaden the claims being surrendered beyond the particular repair. Check whether it encompasses other locations, unknown damage, later recurrence, other parties, or an insurer’s interests before signing. If an accepted offeror fails to pay or repair in the agreed time and manner, the statute generally permits suit on the noticed claim without another notice, subject to reasonable delays beyond the offeror’s control. Fla. Stat. § 558.004(8)
Do not lose the filing deadline while negotiating
Serving a qualifying Chapter 558 notice tolls the applicable statute of limitations for the period specified in section 558.004(10). It does not toll the statute of repose. Neither discussions about a revised repair scope nor unanswered questions about a release should be assumed to extend a deadline. Have the notice, proof of service, offer, contract, and applicable limitations and repose dates reviewed before deciding how to respond or when to file. Fla. Stat. § 558.004(1)(d), (10)
The practical sequence is straightforward: first determine whether Chapter 558 applies and whether the owner served a compliant notice; next calendar the contractor’s response and any timely offer; then decide, in writing and on time, whether to accept, reject, or negotiate a mutually agreed narrower settlement. The offer is a choice—not a substitute for the formal notice that starts the statutory process.
Have you sent a defect notice or received a contractor’s offer? Lesak, Hamilton, Calhoun & Pontieri’s construction-law team can review whether the notice satisfies Chapter 558 and what rights an offer or proposed release would affect. Contact the firm to schedule a meeting.
About the author: Austin B. Calhoun is a partner at Lesak, Hamilton, Calhoun & Pontieri. Before practicing law, he managed commercial construction projects.