Defective Roof Systems in New Construction

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A roof system is one of the most critical components of a home’s protection against Florida’s intense sun, heavy rains, and hurricane-force winds. In new construction, roof defects occur when the roof is designed, installed, or finished improperly — or when substandard materials are used.

A defective roof system can allow water intrusion, lead to structural decay, reduce energy efficiency, and compromise the safety and value of the home.

Common causes of roof defects in new construction include:

• Improper Installation of Shingles, Tiles, or Panels – Incorrect nailing patterns, misaligned materials, or insufficient overlap.
   
• Faulty Flashing Installation – Around chimneys, skylights, vents, and valleys.
   
• Poor Underlayment Placement – Missing or incorrectly installed moisture barriers.
   
• Defective Roofing Materials – Shingles, tiles, or metal panels that fail prematurely.
   
• Improper Ventilation – Leads to trapped heat and moisture in the attic.
   
• Inadequate Slope or Drainage – Particularly common with flat roofs.
   
• Failure to Follow Hurricane-Resistant Building Standards – Critical in Florida.
   

Roof defects can develop quickly in Florida’s climate, especially after the first storm season. Many start small and become serious over time.

Exterior Warning Signs:

• Missing, loose, or damaged shingles or tiles.
   
• Sagging roof areas or uneven roof lines.
   
• Rusted or displaced flashing.
   
• Debris buildup in roof valleys.
   
• Exposed underlayment or felt.
   

Interior Warning Signs:

• Water stains or discoloration on ceilings or walls.
   
• Damp insulation in the attic.
   
• Mold or mildew smell in upper levels.
   
• Light visible through the attic roof decking.
   

After Heavy Rain or Storms:

• Dripping water in attic spaces.
   
• Sudden ceiling sagging.
   
• Large debris from roofing material found in the yard.
   

Roof defects in Florida can lead to:

• Water Intrusion – Damaging drywall, insulation, and flooring.
   
• Structural Rot – Weakening trusses, decking, and framing.
   
• Mold Growth – Especially dangerous in humid conditions.
   
• Higher Energy Bills – Due to heat loss or gain through damaged roofing.
   
• Total Roof Failure – In severe weather, leading to catastrophic damage inside the home.
   

In most new construction cases, the builder is responsible for ensuring the roof system is installed in compliance with:

• Florida Building Code, Chapter 15 (Roof Assemblies and Rooftop Structures).
   
• Manufacturer’s installation specifications.
   
• Hurricane and wind resistance requirements.
   

Roofing subcontractors and suppliers may also share liability if defective installation or materials contributed to the problem. In multi-family communities, the HOA may be responsible for maintenance or repair of shared roof systems.

Yes. Under Florida’s construction defect laws, homeowners may file a claim if their roof fails due to:

• Improper Installation – Failing to follow code or manufacturer instructions.
   
• Defective Materials – Products that deteriorate faster than expected.
   
• Design Flaws – Roof pitch, drainage, or ventilation problems.
   
• Code Violations – Non-compliance with Florida’s strict roofing standards.
   

Claims can help recover:

• The cost of roof repair or full replacement.
   
• Water damage remediation.
   
• Mold removal.
   
• Loss of property value.
   
• Attorney’s fees in certain cases.
   

Call Kagan Law PLLC if you notice:

• Leaks during or after rainfall.
   
• Loose, missing, or damaged roofing materials.
   
• Water stains or mold growth in your attic or ceilings.
   
• Persistent roofing issues despite builder repairs.
   

We will:

• Inspect and Document the defects with roofing experts.
   
• Evaluate Code Compliance and installation methods.
   
• Pursue Compensation from builders, subcontractors, and suppliers.
   

Florida provides legal protections for homeowners dealing with defective roof systems:

• One-Year Builder’s Warranty – Covers workmanship and material defects.
   
• Four-Year Statute of Limitations – From when you discover (or should have discovered) the defect.
   
• Ten-Year Statute of Repose – Absolute deadline for latent defect claims.
   
• Chapter 558 Process – Requires notifying the builder and allowing an opportunity to repair before suing.
   

In addition, Florida’s roofing codes set specific requirements for hurricane resistance, underlayment installation, fastening methods, and slope design — violations can strengthen your legal claim.

If your new home’s roof is leaking, deteriorating, or failing, don’t wait — roof damage in Florida can escalate quickly. Kagan Law PLLC has the experience to hold builders accountable and secure compensation for proper repairs.

📞 Call us today or fill out our online contact form for a free case evaluation. Protect your home, your investment, and your safety.