Foundation defects in new construction occur when the structural base of a home — usually made from concrete slabs, piers, or footings — is improperly designed, constructed, or cured. In Florida, where the soil is often sandy or moisture-prone, foundation problems can develop quickly if builders fail to follow engineering specifications and the Florida Building Code.

A foundation defect can be structural (affecting the stability of the home) or non-structural (such as cosmetic cracks that may worsen over time). Left untreated, these defects can cause serious safety hazards and decrease the property’s value.

Common causes of foundation defects include:

• Improper Soil Preparation – Builder fails to compact soil or account for soil type.
   
• Poor Drainage or Grading – Water collects around the foundation, eroding the soil.
   
• Incorrect Concrete Mix or Curing Process – Weakens the slab’s strength and durability.
   
• Inadequate Reinforcement – Missing or improperly placed rebar or post-tension cables.
   
• Tree Roots or Vegetation – Plant growth causes soil movement and slab displacement.
   

Many homeowners assume foundation damage is obvious — but in reality, most warning signs start small. Catching them early can save thousands in repairs and strengthen your legal case against the builder.

Exterior Signs of Foundation Problems:

1. Cracks in Exterior Walls or Stucco – Especially diagonal cracks near windows and doors.
    
2. Uneven or Sloping Ground Around the Home – Indicates soil settlement.
    
3. Separation Between Walls and Rooflines – Gaps at the roof-to-wall connection.
    
4. Brick or Block Displacement – Mortar joints widening or shifting.
    

Interior Signs of Foundation Problems:

1. Sticking Doors and Windows – Frames shifting out of alignment.
    
2. Cracks in Interior Walls or Ceilings – Often near corners or door frames.
    
3. Uneven Floors – Furniture wobbling or noticeable dips in flooring.
    
4. Baseboards Pulling Away from Walls – Indicates shifting or settling beneath the structure.
    

Garage and Driveway Clues:

• Cracks in the garage floor slab.
   
• Separation between the garage floor and the driveway.
   

A home’s foundation is its primary load-bearing structure. Defects can:

• Compromise the home’s structural integrity.
   
• Cause plumbing damage when pipes embedded in the slab crack or shift.
   
• Lead to water intrusion through foundation cracks.
   
• Increase the risk of catastrophic failure in severe weather events.
   

In Florida, foundation issues often worsen rapidly due to heavy rain, hurricanes, and fluctuating water tables. What starts as a hairline crack can become a major structural concern within months.

In most cases, the builder and their subcontractors are responsible for delivering a foundation that meets engineering plans, geotechnical recommendations, and building code requirements.

Florida law requires builders to:

• Follow Florida Building Code Chapter 18 (Soils and Foundations).
   
• Use proper soil testing and compaction techniques.
   
• Ensure adequate drainage and moisture control around the home.
   

If an HOA manages grading or drainage, they may share liability when those systems contribute to foundation damage.

Yes. Florida homeowners may file a construction defect claim when foundation issues result from poor workmanship, code violations, or defective materials.

Claims can recover the cost of:

• Foundation repairs or replacement.
   
• Interior and exterior damage repairs.
   
• Plumbing replacement due to slab damage.
   
• Loss of property value.
   
• Attorney’s fees in some cases.
   

You should call Kagan Law PLLC immediately if you notice:

• New or widening cracks in walls or ceilings.
   
• Doors and windows becoming harder to open or close.
   
• Floors sloping or feeling uneven.
   
• Gaps forming between baseboards and floors.
   
• Water pooling near the home’s perimeter.
   

Why early contact matters:

• Foundation repairs can cost tens of thousands of dollars if delayed.
   
• Florida’s statute of limitations restricts how long you have to file a claim.
   
• Builders may deny responsibility if too much time passes.
   

Our firm will:

• Inspect and Document the defects with structural engineers.
   
• Investigate Soil Conditions to determine if proper preparation was done.
   
• Pursue Legal Action against builders, developers, or other responsible parties.
   

Florida law offers protections for homeowners facing foundation defects:

• One-Year Builder’s Warranty – Covers workmanship/material defects in the first year.
   
• Four-Year Statute of Limitations – Begins when the defect is discovered or should have been discovered.
   
• Seven-Year Statute of Repose – Absolute deadline for latent defect claims.
   
• Chapter 558 Process – Requires written notice to the builder and an opportunity to repair before filing suit.
   

If you believe your new home’s foundation is defective, act now — delays can make the damage worse and weaken your legal claim. Kagan Law PLLC can investigate your case, hold negligent builders accountable, and pursue the compensation you deserve.

📞 Call us today or fill out our online form for a free consultation. Protect your home, your investment, and your family’s safety.