Drainage Problems in Florida New Construction Homes

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Drainage Problems in Florida New Construction Homes – What You Need to Know

Poor drainage is one of the most common — and most damaging — defects in newly built Florida homes. While it may seem like a minor issue at first, improper grading or defective drainage systems can lead to serious water damage, mold growth, foundation problems, and costly repairs. In Florida’s wet climate, proper drainage isn’t optional — it’s essential.

At Kagan Law PLLC, we help Florida homeowners identify and resolve drainage issues caused by construction defects and hold builders accountable under Florida law.

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What Are Drainage Problems in New Homes?

Drainage problems occur when water is not directed away from your home as it should be. This can be caused by:

• Improper lot grading that allows water to flow toward, not away from, the home.

• Gutters and downspouts installed incorrectly or missing entirely.

• Drainage systems (French drains, swales) that are undersized, clogged, or non-functional.

• Driveways, patios, or landscaping that cause water to pool near the foundation.

In new construction, these issues often happen because the builder did not follow proper grading and drainage requirements during site preparation.

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How to Identify Drainage Problems

Look for these common signs around your home:

• Water pooling near the base of your home after rain.

• Soil erosion or visible trenches forming in your yard.

• Water stains or discoloration along the bottom of exterior walls.

• Moisture or mold inside the home along baseboards or in lower walls.

• Cracks in the foundation or shifting in patios and walkways.

• Gutter overflow or water pouring over roof edges during storms.

These warning signs should be addressed immediately — the longer drainage problems go unchecked, the more severe the damage becomes.

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What Damage Can Poor Drainage Cause?

If not corrected, drainage problems can lead to:

• Foundation cracking and settlement due to soil movement.

• Mold and mildew growth inside walls and floors.

• Structural wood rot in framing and support beams.

• Damage to stucco or siding from constant moisture exposure.

• Insect infestations, including termites attracted to damp areas.

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Your Rights Under Florida Law

In Florida, builders are legally responsible for construction defects — including grading and drainage issues — for up to seven years under the state’s statute of repose (Florida Statutes §95.11).

This means:

• You have a limited time to file a claim against the builder.

• The process typically starts with a notice of claim under Florida’s Chapter 558 (Construction Defects) law.

• The builder may be required to repair the problem or reimburse you for repairs.

Important: Delays can cost you your legal rights. Acting quickly ensures you can pursue the builder for the cost of repairs before the statute expires.

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How We Can Help

We work with Florida homeowners to:

• Inspect and document drainage defects.

• Coordinate with engineers to provide expert reports.

• File claims against builders within the legal deadlines.

• Negotiate or litigate to secure repairs or reimbursement.

If you suspect your new Florida home has drainage problems, don’t wait. Water damage can escalate quickly, and the window to hold the builder responsible is limited.

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Contact Us Today

Call (954) 300-1068 or fill out our online form for a free evaluation of your case. We help homeowners across Florida get the repairs they deserve and make sure builders are held accountable for their mistakes.