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Received a Demand Letter? How to Respond (Florida Guide for Businesses & Contractors)

demand letter

If a demand letter just landed in your inbox or mailbox, don’t panic—and don’t ignore it. This guide explains what to do in the first 72 hours, the legal and business implications in Florida, and how our firm can craft a response that protects your leverage while aiming to resolve the dispute quickly and cost‑effectively.


Why demand letters matter

A demand letter is often the first concrete step before suit. How you respond can:

Florida has several statutes that use demand letters or pre‑suit notices as part of the process (think construction‑defect notices, lien demands, civil theft notices, and landlord‑tenant disputes). Even when no statute requires a letter, many lawyers send one to “set the table” for fees or negotiations.

Goal: buy time, reduce risk, and collect facts—then deliver a tailored, non‑admission response that either resolves the issue or positions you for litigation on your terms.


First 72 Hours: What to do immediately

  1. Calendar any deadlines. Many letters set response dates. Certain statutes have fixed windows (e.g., 30‑day civil theft demand). Missing one can increase exposure.
  2. Stop direct back‑and‑forth. Avoid ad‑hoc emails, texts, or calls with the sender. Inform staff to route all inquiries through counsel.
  3. Preserve documents (ESI). Save emails, texts, invoices, contracts, photos, change orders, job logs, and social posts. Suspend routine deletion and notify key employees.
  4. Tender to insurance (where applicable). Commercial General Liability (CGL), Professional/E&O, D&O, cyber—notify carriers promptly to avoid coverage issues.
  5. Identify the claim type. Is it contract payment, construction lien/defect, business tort (defamation, interference), civil theft, non‑compete, or landlord‑tenant?
  6. Collect your exhibits. Contract and amendments; SOW/POs; proof of performance or delivery; payment ledger; notices and emails; photos; permits/inspections.

Know the letter you received (common Florida scenarios)

Each category has different leverage points, proof issues, and settlement patterns. The correct response depends on the facts, documents, and your risk tolerance.


Strategic response options (choose deliberately)

Pro tip: Avoid “kitchen‑sink” responses. Target the real issue, show you’re organized, and control the pace.


Common mistakes to avoid


When insurance may help (and how to preserve it)


How our firm approaches demand letters (fast, focused, and practical)

Flat‑fee options are available for initial response packages. Typical workflow:

  1. Same‑day triage (review letter + key documents and a 20‑minute call).
  2. Strategy memo outlining defenses, exposure, and settlement posture.
  3. Tailored response (information request, rebuttal, or settlement proposal) with exhibits.
  4. Negotiation toward dismissal, payment plan, re‑performance, or structured settlement.

Serving Broward, Miami‑Dade, Palm Beach, and across Florida.

Ready to act?

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