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CHAPTER 558, FLORIDA STATUTES, CONTAINS IMPORTANT REQUIREMENTS YOU MUST <br /> FOLLOW BEFORE YOU MAY BRING ANY LEGAL ACTION FOR AN ALLEGED CONSTRUCTION <br /> DEFECT.SIXTY DAYS BEFORE YOU BRING ANY LEGAL ACTION,YOU MUST DELIVER TO THE <br /> OTHER PARTY TO THIS CONTRACT A WRITTEN NOTICE, REFERRING TO CHAPTER 558,OF <br /> ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE SUCH <br /> PERSON THE OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND TO <br /> CONSIDER MAKING AN OFFER TO REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION <br /> DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER WHICH MAY BE MADE.THERE <br /> ARE STRICT DEADLINES AND PROCEDURES UNDER THIS FLORIDA LAW WHICH MUST BE <br /> MET AND FOLLOWED TO PROTECT YOUR INTERESTS. <br /> (4) At any time, a claimant and the person to whom notice is served or otherwise must <br /> be served under s. 558.004(1) may agree in writing to pre action mediation or otherwise <br /> alter the procedure for the notice of claim process described in this chapter. <br /> (5) Notwithstanding the notice requirements of this section for contracts entered into <br /> on or after October 1, 2006,this chapter applies to all actions accruing before July 1,2004, <br /> but not yet commenced as of July 1, 2004, and failure to include such notice requirements <br /> in a contract entered into before July 1, 2004, does not operate to bar the procedures of <br /> this chapter from applying to all such actions. <br /> (6) Notwithstanding s. 558.003, unless the parties agree that this chapter does not <br /> apply, after October 1, 2009, any written contract for improvement of real property <br /> entered into between an owner and a contractor, or between an owner and a design <br /> professional, must contain substantially the following notice: "ANY CLAIMS FOR <br /> CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF <br /> CHAPTER 558, FLORIDA STATUTES."The failure to include in the contract the notice <br /> provided in this subsection does not subject the contracting owner, contractor, or design <br /> professional to any penalty.The purpose of the contractual notice is to promote <br /> awareness of the procedure, not to be a penalty. <br /> REGULATION OF PROFESSIONS AND <br /> OCCUPATIONSO <br /> 489.1425 Duty of contractor to notify residential property owner of recovery fund.— <br /> (1) Each agreement or contract for repair, restoration, improvement, or construction to <br /> residential real property must contain a written statement explaining the consumer's <br /> rights under the recovery fund, except where the value of all labor and materials does not <br /> exceed $2,500.The written statement must be substantially in the following form: <br /> FLORIDA HOMEOWNERS' CONSTRUCTION <br /> RECOVERY FUND <br /> 1(3 <br />