Under Florida law, a plaintiff may not file a construction defect lawsuit without first serving a pre-litigation notice, commonly called a “558 Notice,” on the contractor, subcontractor, supplier, or design professional alleged to be responsible for the defects. See Fla. Stat. § 558.004(1)(a) (2025). If the plaintiff fails to provide this notice, the court must stay the action until proper notice is given. Fla. Stat. § 558.003 (2025).

The Fourth District Court of Appeal reaffirmed this mandate in Moss & Assocs., LLC v. Peterson, 406 So. 3d 344, 449–50 (Fla. 4th DCA 2025). The Fourth DCA emphasized that the statute’s use of the word “shall” creates a nondiscretionary obligation: trial courts have no authority to deny a motion to stay when notice has not been served.

In Moss & Assocs., the plaintiff sued a condominium association and a general contractor for negligence and related claims arising from water damage during renovations, without first providing a 558 Notice. The trial court denied the contractor’s motion to stay, reasoning that the plaintiff lacked sufficient knowledge of the alleged defects or the contractor’s scope of work. The contractor sought certiorari review.

The Fourth DCA accepted jurisdiction, explaining that failure to comply with the notice requirement cannot be cured on post-judgment appeal, and delaying review would undermine the statute’s purpose to encourage resolution through settlement or voluntary repairs before litigation begins. The Court also found irreparable harm in allowing the case to proceed because, if the plaintiff prevailed, an appellate court might affirm the judgment despite the statutory violation.

The Fourth DCA explained that plaintiffs must provide at least 60 days’ notice before filing suit. If the claimant is an association representing more than twenty parcels, the notice period extends to 120 days. Because the plaintiff gave no notice, the trial court was bound by the statute’s plain language. By denying the stay, Fourth DCA found that the lower court departed from the essential requirements of law.

Ultimately, Moss & Assocs. underscores the critical importance of the 558 Notice for contractors, subcontractors, suppliers, and design professionals. This requirement is not a mere technicality; it is a statutory safeguard that reduces unnecessary litigation, gives parties a real opportunity to correct defects, and advances Florida’s policy favoring early resolution of design and construction related disputes.