New Construction Mold Issues

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 Discovering mold in a brand-new home is more than just a disappointment; it's a serious red flag. You invested in a new construction home expecting a safe, healthy, and pristine living environment. Instead, you're faced with musty odors, potential health risks, and the threat of significant property damage.

At Kagan Law PLLC, we want you to know that mold in a new home is almost never a simple maintenance issue. It is a clear symptom of underlying construction defects caused by builder negligence. Our firm specializes in holding builders, developers, and subcontractors accountable for these failures and securing the compensation homeowners need to make their homes safe again.

Mold requires two things to thrive: a food source (like drywall, wood framing, or paper backing) and, most importantly, moisture. While Florida is humid, a properly constructed home is designed as a sealed system to control moisture. When this system fails, mold growth is inevitable.

Our investigations into new home mold claims frequently uncover the same patterns of builder negligence. Here are the most common defects that lead to a serious mold problem.

The air conditioning system is the lungs of your Florida home, responsible for both cooling and dehumidifying the air. A mistake here is one of the leading causes of widespread mold.

• The "Bigger is Better" Myth (Oversized HVAC): Many builders install HVAC units that are too powerful for the home's square footage. This causes the system to cool the air rapidly and shut off before it has a chance to run long enough to remove humidity from the air. This process, known as "short-cycling," creates a cold, damp, and clammy environment—the perfect breeding ground for mold to flourish on drywall, in closets, and on personal belongings.
• Undersized HVAC Units: A unit that is too small will constantly run without ever reaching the target temperature or properly dehumidifying the space, leading to warm and moist conditions that also promote mold.
• Leaky Ductwork & Poor Insulation: Unsealed or poorly insulated air ducts that run through a hot attic can cause condensation to form. This "duct sweating" can drip onto your ceiling, saturate the insulation, and lead to extensive mold growth in your attic and ceilings, often hidden from view.

Your home's exterior cladding is its primary defense against rainwater. In Florida, stucco is a popular choice, but it must be installed with absolute precision—a standard that is rarely met by rushed construction crews.

• Cracked or Improperly Applied Stucco: Even hairline cracks in the stucco can allow rainwater to penetrate and become trapped behind the finish.
• Missing Weep Screeds & Control Joints: These essential components are designed to allow any water that gets behind the stucco to drain out safely. When they are missing or improperly installed, water saturates the wood sheathing and framing of your home, leading to wood rot and rampant mold growth inside your walls. Signs of this defect include visible cracks and "tears" or staining on exterior walls, particularly under windows.

The roof is your home’s single most important line of defense against Florida’s torrential rains. In the rush to complete new housing developments, roofing subcontractors can make critical installation errors that lead to slow, hidden leaks that saturate attic insulation and drywall.

• Improper Flashing Installation: Flashing is the metal material that seals joints around roof penetrations like plumbing vents, exhaust fans, skylights, and chimneys. It is also used in roof "valleys" where two roof planes meet. When flashing is missing, incorrectly installed, or not integrated with the underlayment, it creates a direct channel for water to enter your attic.
• Failed Underlayment and Weather Barrier: The layer of material beneath your shingles or tiles is the final water-resistant barrier. If this underlayment is torn, improperly overlapped, or the wrong material is used, water that gets past the primary roofing material can soak the wooden roof deck.
• Incorrect Nailing: Shingles and tiles must be fastened according to precise manufacturer specifications. Nails that are overdriven, underdriven, or angled can create vulnerabilities and lift the shingles, allowing wind-driven rain to get underneath.

The first sign of a roof leak is often a subtle, yellowish-brown water stain on the ceiling or a musty smell in a closet or upper-floor room. By the time you see it, there is likely significant moisture and mold growth in the hidden attic space above.

Water should always flow away from your home's foundation. When builders fail to properly grade the lot, the consequences are severe.

• Negative Grade / Water Pooling: If the soil and landscaping are flat or slope towards your home, rainwater and irrigation water will puddle directly against your foundation.
• Foundation Leaks: This constant hydrostatic pressure forces moisture and water vapor through the concrete slab and foundation walls. This moisture wicks up into the base of the drywall and flooring, causing mold to grow along baseboards, in flooring, and at the bottom of your walls.

(As detailed on our Defective Windows & Doors page), windows and doors are a major source of water intrusion when not installed correctly. The failure to use proper flashing, house wrap integration, and sealants creates a direct path for rainwater to pour into your wall cavities, leading to concentrated areas of intense mold growth and wood rot.

Mold is not just an aesthetic issue.

• Health Risks: Mold releases spores that can cause serious health problems, including chronic allergies, asthma attacks, respiratory infections, and other inflammatory responses, especially in children and the elderly.
• Property Damage: Left unchecked, mold and the underlying moisture will rot your home's structural components, destroy drywall and flooring, and ruin personal belongings. The cost of professional mold remediation and reconstruction can be astronomical.

You do not have to bear the financial burden of your builder's mistakes. Florida law allows homeowners to file construction defect claims to recover the costs necessary to fix the underlying problem and repair all resulting damage. This can include compensation for:

• Full Mold Remediation by certified professionals.
• Repairing the Source of the Moisture (e.g., roof repairs, HVAC replacement, stucco repair, re-grading the property).
• Rebuilding and Replacing all damaged materials, including drywall, insulation, flooring, and cabinetry.
• Temporary living expenses if you must vacate your home during repairs.

The process for a construction defect claim in Florida begins with a formal "Chapter 558 Notice," which is a required pre-lawsuit step. It is crucial to have an experienced construction law attorney guide you through this complex process to protect your rights.

Our legal team understands the science behind moisture intrusion and the patterns of negligence that lead to mold in new homes. We work with a network of trusted engineers, building consultants, and industrial hygienists to:

1. Investigate and identify the precise construction defect causing the moisture problem.
2. Document the full extent of the mold contamination and property damage.
3. Calculate the total cost of remediation and repairs.
4. File a comprehensive claim against the builder and other responsible parties.
5. Aggressively negotiate or litigate to recover the full compensation you are owed.

If you see or smell mold in your new Florida home, the time to act is now. Contact Kagan Law PLLC today for a free, no-obligation consultation. Let us help you hold your builder accountable and restore the health and value of your home.

Call us at  (954) 300-1068  or complete our confidential online form to get started.