Fla. Stat. § 558.004 states that in actions brought alleging a construction defect, the claimant shall serve written notice of claim on the contractor or subcontractor at least 60 days before filing any action, or at least 120 days before filing an action involving an association representing more than 20 parcels.  If the construction defect claim arises from work performed under a contract, the written notice of claim must be served on the person with whom the claimant contracted.  The notice of claim must describe the general nature of each alleged construction defect and a description of the damage or loss resulting from the defect.

The claimant shall endeavor to serve the notice of claim within 15 days after discovery of an alleged defect. Within 30 days after service of the notice of claim, or within 50 days after service of the notice of claim involving an association representing more than 20 parcels, the person served with the notice of claim is entitled to perform a reasonable inspection of the property or of each unit subject to the claim.  The claimant shall provide the person served with notice reasonable access to the property during normal working hours to inspect the property.  If the claimant refuses to agree and thereafter permit reasonable destructive testing, the claimant shall have no claim for damages which could have been avoided or mitigated had destructive testing been allowed.

Within 10 days after service of the notice of claim, or within 30 days after service of the notice of claim involving an association representing more than 20 parcels, the person served with notice may serve a copy of the notice of claim to each contractor whom it reasonably believes is responsible for each defect.  Each such contractor, subcontractor, supplier, and design professional may inspect the property.  Within 15 days after service of a copy of the notice of claim, or within 30 days after service of the copy of the notice of claim involving an association representing more than 20 parcels, the contractor must serve a written response to the person who served a copy of the notice of claim.

The written response shall include a report, if any, of the scope of any inspection of the property, the findings and results of the inspection, a statement of whether the contractor is willing to make repairs to the property or whether such claim is disputed and a timetable for the completion of such repairs.  Within 45 days after service of the notice of claim, or within 75 days after service of a copy of the notice of claim involving an association representing more than 20 parcels, the person who was served the notice must serve a written response to the claimant.

The written response must provide:

• A written offer to remedy the alleged construction defect at no cost to the claimant, a detailed description of the proposed repairs necessary to remedy the defect, and a timetable for the completion of such repairs;
• A written offer to compromise and settle the claim by monetary payment, that will not obligate the person’s insurer, and a timetable for making payment;
• A written offer to compromise and settle the claim by a combination of repairs and monetary payment, that will not obligate the person’s insurer, that includes a detailed description of the proposed repairs and a timetable for the completion of such repairs and making payment;
• A written statement that the person disputes the claim and will not remedy the defect or compromise and settle the claim; or
• A written statement that a monetary payment, including insurance proceeds, if any, will be determined by the person’s insurer within 30 days after notification to the insurer by means of serving the claim.

If the person served with a notice of claim disputes the claim and will neither remedy the defect nor settle the claim, or does not respond to the claimant’s notice of claim within the time, the claimant may proceed with an action against that person for the claim without further notice.

A claimant who receives a timely settlement offer must accept or reject the offer by serving written notice on the person making the offer within 45 days after receiving the settlement offer.  If the claimant timely and properly accepts the offer to repair an alleged construction defect, the claimant shall provide the offeror reasonable access to the claimant’s property during normal working hours.  If the offeror does not make the payment or repair the defect within the agreed time, except for reasonable delays, the claimant may proceed with an action against the offeror without further notice.  A claimant may include multiple defects in one notice of claim.