Poor Grading Defects

---

For new homeowners in Florida, it is important to identify potential construction defects early. Issues that may seem minor, such as poor yard drainage or a sinking driveway, are often indicators of improper site preparation and can lead to more significant structural problems.

Florida law sets a time limit for holding builders accountable for these defects, known as the Statute of Limitations. It is critical for homeowners to identify, document, and report these issues as soon as possible to ensure their rights are protected and to prevent minor issues from causing more severe and costly damage.

This guide provides a straightforward overview of common defects, their underlying causes, and the necessary steps to take.

Many common defects originate from two fundamental errors during the construction process: improper grading and inadequate soil compaction.

• Improper Grading: The ground around a home's foundation must be sloped to direct water away from the structure. The Florida Building Code requires a specific downward slope (typically a 6-inch drop over the first 10 feet). When this grade is flat or slopes toward the house, water collects against the foundation.
  
• Poor Soil Compaction: The soil and fill material that form the base for your foundation, garage slab, and driveway must be mechanically compacted to create a stable, dense base. When this step is rushed or skipped, the loose soil will settle over time under the weight of the structures built on top of it.

What you see: Water pooling against your foundation or garage walls after rain and remaining for more than 24-48 hours. The cause: Improper grading.

What you see: The driveway sinking where it meets the garage, creating a gap and a trip hazard. Cracks may also appear. The cause: Poor compaction of the soil and base material beneath the driveway.

What you see: Cracks in the garage floor or other concrete slabs that are wider than 1/8th of an inch (the width of a credit card), or where one side of the crack is higher than the other. The cause: Poor compaction of the soil beneath the slab, causing it to settle and crack under its own weight.

 Image Alt-Text: A significant structural crack in a new home's garage slab caused by foundation settlement due to poor soil compaction.

Failing to address these foundational issues promptly allows for cascading damage throughout your home. The settlement of the foundation and slab can exert immense stress on the entire structure, leading to problems such as:

• Doors and Windows Not Closing Properly: As the foundation shifts, it distorts the frames of the house. This causes doors to stick, jam, or no longer latch correctly.
  
• Cracked Plumbing Lines: Rigid plumbing and sewer lines installed beneath the concrete slab are highly vulnerable to soil settlement. This can break pipes, causing hidden leaks and costly repairs.
  
• Cracked or Lifting Floor Tiles: When the slab moves or cracks due to settlement, that stress is transferred directly to the flooring, resulting in long, visible cracks in tile and grout.

Given the Statute of Limitations and the progressive nature of the damage, time is of the essence.

1. Document Everything: Take clear, dated photos and videos of all observed issues (water ponding, driveway gaps, cracks, sticking doors). Use a tape measure in photos to provide scale.
2. Understand Your Legal Rights: Consult with a construction law attorney to understand the deadlines under the Statute of Limitations and to ensure you are taking the correct steps to protect your claim.

Q: Is it normal for a new construction home that the garage floor to have cracks? A: It is normal for concrete to develop very fine, hairline "shrinkage cracks" as it cures. These are not a structural concern. However, if you see cracks that are wide (you can fit a credit card or coin in them), are uneven in height from one side to the other, or are getting longer or wider over time, it is not normal. These are structural cracks that point to a problem with the soil compaction and slab support, which should be addressed as a construction defect.

Q: Why is my tile having hairline cracks? A: Hairline cracks in ceramic or porcelain tile are often a red flag for movement in the concrete slab underneath. Because tile is rigid and brittle, any shifting, settling, or flexing of the slab will transfer stress directly to the tile, causing it to crack. While a single cracked tile could be an installation issue, a pattern of hairline cracks across multiple tiles strongly suggests a foundational problem that needs to be investigated.

Q: Why is my grass not growing in my new yard? A: This is a very common issue in new construction. Builders are required to grade the lot, but often do so with low-quality, dense, clay-like fill dirt that has poor drainage and no organic matter. They may also bury construction debris just below the surface. This suffocates the roots of the new sod and prevents it from establishing, leading to thin, patchy grass or dead spots.

Q: Why is my backyard filled with mud even if it has not rained in days? A: This points directly to a combination of improper grading and poor soil quality. The dense, un-amended soil used by the builder is not absorbing water, and the incorrect slope of the yard is not allowing the water to drain away. The ground becomes super-saturated and remains a muddy swamp long after the rain has stopped. This is a clear sign of a drainage and site preparation defect.

Q: Why is my brand-new front door suddenly starting to stick? A: A sticking door in a new home is a common red flag for foundation settlement. It means the house frame is being distorted by movement from below. This should be investigated immediately as a sign of a larger structural issue.

Q: Can I wait to report these issues? A: No. Waiting can cause you to miss the deadlines set by the Florida Statute of Limitations, which could extinguish your right to have the builder perform the repairs. Furthermore, the damage will likely worsen over time, leading to more complex and expensive problems. Prompt action is essential.