Stucco Issues in New Florida Homes

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You chose a stucco home for its classic Florida look and durability. But now, just months or a few years after moving in, you’re seeing hairline cracks spreading from your windows and unsightly stains under your eaves. Your builder might tell you this is just "normal settling," but it's often the first warning sign of a serious construction defect that could be silently causing wood rot, mold, and structural damage behind the walls.

Due to Florida's recent building boom, stucco installation is frequently rushed by inexperienced crews, leading to widespread failures. These defects are not just cosmetic—they are gateways for water intrusion that can compromise your home's integrity and your family's health.

At Kagan Law PLLC, we specialize in holding builders accountable for faulty stucco work. We help homeowners uncover the hidden damage and secure the comprehensive repairs they are legally owed.

A proper stucco system is a multi-layered, engineered barrier designed to protect your home from Florida’s intense sun and rain. A defect occurs when any part of this system is installed incorrectly. The result is water getting trapped behind the stucco with no way to escape.

Here are common defects and what they really mean:

• Spiderweb & Hairline Cracks: Fine cracks radiating from the corners of windows and doors are often the first sign that the stucco was mixed improperly or applied too thinly, creating a breach in the home's protective envelope.
• Bulging or "Soft" Stucco: If you press on a section of stucco and it feels spongy or soft, it’s a critical warning sign. This often means the wood sheathing behind it is saturated with water and has begun to rot.
• Improperly Installed Weep Screeds & Control Joints: A weep screed is a metal strip at the bottom of the wall that acts as a drain, allowing trapped moisture to escape. Control joints are intentional lines that manage where stucco will crack. Builders often bury weep screeds with soil or concrete, or forget control joints entirely, trapping water and causing large, uncontrolled fractures.
  
• Ugly Stains and Discoloration: Dark brown or green stains, especially under windows or on walls without an overhang, are clear evidence of chronic water intrusion and potential mold growth.

The responsibility for defective stucco work is clear under Florida law.

• The Builder/General Contractor: Your builder is the primary party responsible for delivering a defect-free home. Even if they hired a subcontractor to do the work, the builder is legally liable to you for the subcontractor's mistakes and for failing to supervise them properly.
• Subcontractors: While the builder is responsible to you, they may in turn pursue the stucco subcontractor who performed the faulty work. This is the builder's legal battle, not yours.
• Homeowners Association (HOA): For townhomes or condos, the HOA may be responsible for stucco issues on shared walls or common architectural elements.

Absolutely. If your new home has stucco defects leading to property damage, you have the right to file a construction defect claim. A successful claim can recover the full cost of repairs—not just for the stucco itself, but for the hidden damage as well.

Grounds for a claim include:

• Hidden Water Damage: The claim covers the cost to repair rotted wood framing, replace saturated insulation, and remediate mold growth inside your walls.
• Florida Building Code Violations: Stucco application is strictly regulated by the Florida Building Code. We work with forensic experts and engineers to document every code the builder violated, such as applying the stucco too thin or failing to install the required water-resistant barrier.
  
• Breach of Warranty and Contract: Your builder warranted that the home would be built correctly. Faulty stucco is a direct breach of that promise.

The law protects you, but you must act within strict time limits.

• The One-Year Builder’s Warranty: This is your first opportunity to get defects fixed. Report everything in writing. Warning: Be wary of quick fixes. A builder who just caulks over cracks and repaints is not solving the underlying water intrusion problem.
• Chapter 558, Florida Statutes (The Pre-Suit Notice): Before you can sue your builder, Florida law requires you to send them a formal "Notice of Claim." This gives the builder a chance to inspect the damage and offer a repair. It is a critical legal step where an attorney's guidance is vital to protect your rights.
  
• The Clock is Ticking: Statutes of Limitation and Repose:
  
  • Four-Year Statute of Limitations: Generally, you have four years from the date you discovered or should have discovered the defect to file a lawsuit. The appearance of a crack or water stain starts this clock.
  • Seven-Year Statute of Repose: This is Florida's final deadline. Ten years after the home was completed, your legal rights are extinguished forever, even if the damage was hidden the whole time.

Contact us for a free consultation the moment you suspect a problem. We can help if:

• You see cracks, stains, or other signs of stucco failure. Don't wait. Early investigation is key to minimizing damage.
• Your builder dismisses your concerns or offers a "band-aid" fix. We bring in unbiased experts to determine the real scope of the problem and the correct method of repair.
• Your one-year warranty is about to expire. We can help you document defects and preserve your rights before this important deadline passes.

The cracks in your stucco are a warning sign of a much bigger problem. Don't wait for a cosmetic issue to become a structural failure that requires tens of thousands of dollars to repair.

📞 Call Kagan Law PLLC now at (954) 300-1068 or fill out our online contact form to schedule your free, no-obligation consultation. Let us help you hold your builder accountable and get the lasting repairs you deserve.