Imagine this: you’re a homeowner, and a leaky roof turns your living room into an indoor swimming pool. You sue the contractor, thinking you’ve got a solid case—only to find out you missed a crucial step that could sink your claim before it even starts. Or maybe you’re a contractor, blindsided by a lawsuit you never saw coming because the homeowner skipped the rules meant to give you a heads-up. In either scenario, a recent Florida court decision could be a game-changer—and it’s a reminder that timing and procedure matter as much as the facts.
On February 26, 2025, the Third District Court of Appeal in Moss & Associates, LLC v. Daystar Peterson (Case No. 3D24-2118) sent a clear message: if you’re dealing with a construction defect claim in Florida, you have to follow the pre-suit notice requirements under Chapter 558—or risk having your case stalled or tossed. This ruling isn’t just legal fine print; it’s a lifeline for contractors and a warning for property owners.
The Case: A Roof, a Lawsuit, and a Missed Step
Daystar Peterson owned a condo unit at Brickell Heights East in Miami-Dade County. In February 2023, water from a common area—allegedly due to shoddy roof repairs—damaged his property. He sued the condo association and Moss & Associates, the contractor hired for the job, claiming negligence and faulty workmanship. Sounds straightforward, right? Not quite.
Moss hit back with a motion to pause the lawsuit, pointing to Florida Statute 558.004. This law says that before filing a construction defect claim, a “claimant”—like a homeowner—must give the contractor written notice at least 60 days in advance (120 days if it’s an association with over 20 units). The notice has to detail the defects and damages, giving the contractor a chance to fix the problem or settle without a courtroom showdown. Peterson admitted he didn’t send this notice. His excuse? He didn’t know what Moss was hired to do, so how could he specify the defects?
The trial court bought that reasoning and let the case roll forward. Moss appealed, and the Third District didn’t mince words: the trial court got it wrong. The law says “shall”—no wiggle room. If you skip the notice, the court must stay the case until you comply. The appellate court quashed the denial, sending Peterson back to square one. Game over—for now.
Why This Matters to You
This isn’t just a win for Moss; it’s a wake-up call for anyone tangled in a construction dispute. For homeowners or condo associations, skipping Chapter 558’s notice can derail your case, delaying justice and racking up legal fees. Think of it like trying to return a faulty gadget without a receipt—the store won’t help until you follow their process. Here, that process is non-negotiable, and the Third District just confirmed it.
For contractors, this ruling is a shield. Chapter 558 gives you a chance to inspect and resolve claims before they spiral into costly litigation. Imagine a client suing you over a roof job, claiming it’s defective, but you never got a heads-up to check it out or make it right. That’s not fair—and the law agrees. Moss dodged a $700,000-plus bullet (the kind of damages Peterson might’ve chased) because the court enforced this protection.
The Clock Is Ticking
Here’s the urgency: construction defect cases are on the rise in Florida, fueled by booming development and aging buildings. But whether you’re a property owner with a soggy ceiling or a contractor facing a surprise lawsuit, Moss v. Peterson shows that one misstep can tip the scales. Miss the notice deadline as a claimant, and your case stalls. Get served without notice as a defendant, and you might be fighting an uphill battle—or worse, stuck with a default judgment like the one we’ve undone for clients in similar binds.
If you’re staring down a construction defect dispute—whether it’s water damage, shoddy repairs, or a claim you didn’t see coming—don’t roll the dice. The Moss decision proves that Florida courts won’t bend on Chapter 558. One wrong step could cost you months, thousands, or your entire case.
Contact Rosenthal Law Group to assist you with your construction disputes. Call us today at (954) 384-9200 or www.rosenthalcounsel.com.