About Our Practice
Experienced Legal Team
At Kagan Law PLLC, we help Florida homeowners protect their rights when a brand-new home turns into a costly headache. Many buyers believe there’s little they can do when faced with water intrusion, cracking stucco, drainage problems, faulty roofs, or other serious construction defects. The truth is, Florida law provides strong protections for homeowners — and the process to hold builders accountable can be straightforward with the right legal guidance.
Our Florida construction defect attorneys have extensive experience handling claims against builders, contractors, and developers. We know how to use Florida’s Chapter 558 Notice of Claim process, warranty laws, and contract rights to get your home repaired and your losses covered. Whether your case involves structural issues, code violations, or poor workmanship, we take on the legal burden so you can focus on your family.
If you purchased a new construction home in Florida and discovered defects, you may be entitled to repairs, compensation, or both — even if your builder says otherwise. Contact us today for a free consultation and let us show you how simple it can be to get results.
Stucco Issues
Stucco Defects, Water Intrusion & Mold in New Florida Homes
At Kagan Law, we regularly represent Florida homeowners facing serious problems caused by faulty stucco installation in new construction homes. While stucco should act as a durable, protective barrier, poor workmanship, improper sealing, or the wrong application methods can lead to cracks, peeling, or gaps within months of moving in.
Even small cracks in stucco are more than cosmetic — they can allow rainwater and moisture to penetrate the exterior walls, especially in Florida’s humid, storm-prone climate. Over time, this water intrusion can:
• Rot wood framing and structural components.
• Damage drywall, insulation, and flooring.
• Create conditions for toxic mold growth inside the home.
• Reduce property value and cause unsafe living conditions.
Many of these stucco failures are the direct result of builder negligence or code violations, such as:
• Applying stucco too thinly or without proper layers.
• Failing to install adequate flashing around windows and doors.
• Skipping control joints, leading to excessive cracking.
• Using the wrong mix or curing process for Florida’s climate.
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How Kagan Law Helps Florida Homeowners
Our Florida construction defect attorneys know how to hold builders, contractors, and developers accountable for defective stucco work. Using Florida’s Chapter 558 Notice of Claim process, we demand that the responsible parties investigate and repair the damage — or face legal action.
When you hire Kagan Law, we:
1. Inspect and document stucco cracks, water intrusion points, and mold damage.
2. Work with construction experts to identify code violations and improper installation.
3. File legal claims to enforce your warranty and recover repair costs, mold remediation expenses, and related damages.
4. Negotiate aggressively to secure a full and proper fix, not just a quick patch.
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Don’t Ignore Small Cracks
In Florida’s climate, stucco damage progresses quickly. Even a minor gap can let in enough water to cause thousands of dollars in hidden damage. The sooner you act, the stronger your case — and the less your home suffers.
If you own a new construction home in Florida and notice cracking stucco, peeling surfaces, or signs of water intrusion, contact Kagan Law today. We’ll explain your legal options and make the process of getting repairs as simple and stress-free as possible.
Drainage & Water Intrusion Defects
Drainage Defects and Water Damage in New Florida Homes
At Kagan Law, we represent Florida homeowners facing serious water damage caused by improper drainage in new construction homes. In many cases, builders fail to install or design proper water management systems, leaving homeowners with costly repairs, mold issues, and structural damage.
Drainage defects often appear in two major forms:
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1. Gutter and Downspout Failures
A properly designed gutter system should collect rainwater from the roof and direct it safely away from the foundation. Unfortunately, in many new homes, we see:
• Gutters installed incorrectly or without enough slope, allowing water to pool.
• Downspouts that discharge directly at the base of the home, sending water toward the foundation instead of away from it.
• Missing extensions or splash blocks to disperse water safely.
• Undersized gutters that overflow during heavy Florida rains.
The result? Water seeps into the soil next to the foundation, creating hydrostatic pressure that pushes moisture into the slab, crawlspace, or lower walls — often leading to mold growth, foundation cracks, and interior flooding.
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2. Improper Grading and Site Leveling
Before construction begins, the builder is responsible for grading the lot so rainwater flows away from the home. Florida’s building codes require a proper slope — typically at least 6 inches of fall within the first 10 feet from the foundation — to prevent water from pooling against exterior walls.
When grading is done incorrectly, rainwater drains toward the house instead of away from it. This can cause:
• Standing water around the foundation after storms.
• Water intrusion into stucco, siding, or masonry.
• Soil erosion that undermines walkways, patios, and driveways.
• Chronic dampness leading to mold, wood rot, and insect infestations.
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Why Drainage Defects Are Serious
Even if water intrusion seems minor, Florida’s high humidity and frequent rain make these defects dangerous. Continuous moisture exposure can cause thousands of dollars in damage and pose significant health risks from mold contamination.
Many homeowners believe these problems are “just part of living in Florida.” The truth is, drainage defects are preventable and often the result of builder negligence or code violations.
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How Kagan Law Helps
Our Florida construction defect attorneys are experienced in proving drainage-related construction claims. We:
1. Document the problem with photos, videos, and expert inspection reports.
2. Measure and verify grading slopes and gutter installation against Florida building code standards.
3. Identify builder violations and improper construction practices.
4. Use Florida’s Chapter 558 Notice of Claim process to demand that the builder fix the defects and cover the cost of repairs, mold remediation, and any related damages.
We work with engineers, drainage experts, and mold assessors to build a strong case and make the legal process as efficient as possible for our clients.
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Act Quickly to Protect Your Home
Drainage problems will not fix themselves — and they often get worse with each rainy season. If you notice standing water near your home, downspouts dumping water toward the foundation, or water intrusion after storms, contact Kagan Law immediately. We can help you stop the damage, enforce your rights, and hold the builder accountable.
Construction Law Experts for Your Business
Air Conditioning & Insulation Defects in New Florida Homes
Air Conditioning & Insulation Defects in New Florida Homes
At Kagan Law, we help Florida homeowners who discover that their brand-new home simply does not cool properly. In a state where high heat and humidity are the norm, a well-designed and properly installed HVAC system — combined with adequate insulation — is essential for comfort, health, and energy efficiency. Unfortunately, many new construction homes suffer from serious air conditioning and insulation defects that make them uncomfortable and costly to maintain.
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Common Cooling-Related Construction Defects
We frequently see cases where homeowners move into a newly built home only to find that the air conditioning runs constantly, yet rooms remain warm and humid. The most common causes include:
1. Improper AC Location
• AC air handlers or condensers installed in poorly ventilated or overheated areas (such as unconditioned attics or direct sun exposure) reduce cooling efficiency.
• Poor placement of ductwork leading to long runs, excessive bends, and air loss before it reaches the rooms.
• Supply and return vents placed in ineffective locations, causing uneven cooling.
2. Undersized or Oversized Units
• Undersized units cannot keep up with Florida’s heat load, especially during the summer months.
• Oversized units short-cycle, leading to uneven temperatures, high humidity, and increased wear on components.
• Both situations often stem from builders failing to perform Manual J load calculations — the industry standard for determining correct system size.
3. Poor or Missing Insulation
• Builders sometimes install inadequate attic insulation or fail to insulate certain areas entirely.
• Gaps in wall insulation, especially around windows and doors, allow hot, humid air to enter the home.
• In some cases, no insulation is installed at all in certain sections — a clear violation of Florida Building Code.
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The Consequences for Homeowners
When AC and insulation defects are left unaddressed, they can lead to:
• Excessive energy bills from overworked systems.
• Persistent humidity, encouraging mold growth and damaging furniture and finishes.
• Uneven cooling, with some rooms uncomfortably hot.
• Reduced lifespan of HVAC equipment due to constant strain.
• Health issues from poor indoor air quality.
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How Kagan Law Helps
Our Florida construction defect attorneys know how to uncover and prove AC and insulation-related defects in new homes. We work with licensed HVAC contractors, mechanical engineers, and building inspectors to:
1. Measure airflow, temperature differentials, and insulation levels.
2. Compare AC system capacity to Florida Building Code and Manual J requirements.
3. Identify code violations and builder negligence.
4. Use Florida’s Chapter 558 Notice of Claim process to demand repairs, replacement of equipment, and reimbursement for excess energy costs and related damages.
We fight to ensure that builders provide the properly functioning, energy-efficient home you paid for — not one that leaves you sweating through Florida’s summers.
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Your Rights Under Florida Law
If you purchased a new construction home in Florida and your AC cannot keep the home cool — whether from improper sizing, poor installation, or lack of insulation — you may be entitled to repairs and compensation. These issues are often covered under your builder’s warranty and can be resolved through legal action if the builder refuses to fix them.
Contact Kagan Law today to learn how we can help you correct cooling problems and hold the builder accountable for failing to meet Florida’s construction standards.
