Water Intrusion in Florida New Construction Homes

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Drainage issues in new construction occur when water is not properly directed away from a home’s foundation and structure. Instead of flowing safely into storm drains or designated areas, water pools against the house, flows toward the property, or seeps inside.

Common new construction drainage problems include:

• Improper Grading or Sloping – Soil slopes toward the home instead of away from it.
   
• Poorly Installed or Missing Gutters – Water overflows and saturates the foundation.
   
• Downspouts That Drain Too Close to the House – Causes soil erosion and water infiltration.
   
• Clogged or Damaged Drainage Systems – Prevents water from flowing away effectively.
   

If ignored, drainage problems can lead to foundation cracks, mold growth, soil erosion, flooding, and long-term structural damage — all of which can significantly lower property value.

In most cases, the builder, developer, or contractor is responsible for ensuring proper grading and drainage in a new construction home. Florida’s building codes require water to be directed away from the structure to prevent damage.

If the home is in a community governed by a homeowners association (HOA), the HOA may also bear some responsibility — especially if the drainage issue involves common areas, retention ponds, or shared systems.

Yes. Homeowners can often file a construction defect claim under Florida law when drainage defects cause damage. Common reasons for filing include:

• Water Intrusion into the home due to improper grading or gutter installation.
   
• Foundation Damage from standing water.
   
• Mold and Mildew Growth caused by prolonged moisture exposure.
   
• Code Violations for failing to meet Florida Building Code drainage requirements.
   

A claim can help you recover repair costs, property damage expenses, and sometimes even attorney’s fees. Time limits apply, so it’s critical to act quickly.

You should contact Kagan Law PLLC immediately if you notice:

• Water pooling against your home after rainfall.
   
• Water flowing toward your property instead of away.
   
• Dampness, water stains, or mold along baseboards and floors.
   

Our firm will:

• Inspect and document the drainage defects.
   
• Work with civil engineers and construction experts to prove negligence.
   
• Handle all legal communications and negotiations with the responsible parties.
   

Florida’s construction defect laws — including Chapter 558, Florida Statutes — give homeowners the right to hold builders accountable for defective work.

Key points include:

• One-Year Builder’s Warranty – Covers most workmanship and material defects in the first year.
   
• Four-Year Statute of Limitations – Starts when you discover (or should have discovered) the defect.
   
• Ten-Year Statute of Repose – Absolute deadline for latent defects.
   
• Builders must follow the Florida Building Code, which requires proper drainage away from homes.
   

If your home is suffering from poor drainage, act now before the damage gets worse. Kagan Law PLLC can protect your rights and pursue compensation from responsible parties.

📞 Call us today or submit our online contact form for a free case evaluation. Let us help safeguard your home and investment.