Water Intrusion in Florida New Construction Homes

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Your new Florida home should be a sanctuary, but after every rainstorm, it feels more like it's surrounded by a moat. Water pools against your foundation, your lawn is a soggy mess, and you're starting to worry about what's happening to your investment. This isn't just "settling in"—it's a sign of a serious construction defect.

Improper drainage is one of the most common and destructive problems plaguing new homes across Florida. In the rush to develop communities, builders often cut corners on proper grading and water management, leaving homeowners with a ticking time bomb of potential water intrusion, foundation damage, and mold.

At Kagan Law PLLC, we see the devastating results of this negligence every day. This guide will help you understand the problem, identify who is responsible, and know your legal rights to hold the builder accountable.

In simple terms, drainage issues occur when a builder fails to create a system that directs rainwater safely away from your home. Florida's building codes and construction standards require a "positive slope" away from the foundation, but rushed work often leads to the opposite.

Common new construction drainage problems we see include:

• Negative Grading or Improper Sloping: The ground around your foundation is either flat or, worse, slopes directly toward your home, funneling rainwater right to your walls.
• Missing or Defective Swales: The shallow channels between properties designed to act as small rivers for stormwater are too shallow, non-existent, or have been filled in and covered with sod.
• Inadequate Gutter and Downspout Systems: Downspouts dump massive amounts of roof water directly at the base of your foundation instead of extending it several feet away into the yard.
• Compacted Soil and Buried Debris: Builders often fail to use properly draining soil around the home or bury construction trash, creating an underground dam that traps water against your foundation.

If ignored, these issues are guaranteed to cause serious problems like foundation cracks, structural wood rot, toxic mold growth, and soil erosion that can destroy your landscaping and hardscaping.

Determining liability is the first step toward a solution.

• The Builder or Developer: In nearly all cases, the primary responsibility lies with the builder. They are legally and contractually obligated to deliver a home that complies with the Florida Building Code, which explicitly mandates proper drainage to protect the structure. Their failure to do so is a form of negligence and a breach of your contract.
• The Homeowners Association (HOA): In some situations, the HOA may share responsibility. If the drainage issue stems from a poorly maintained master drainage system, a clogged community storm drain, an overflowing retention pond, or improper landscaping in common areas between lots, the HOA could be held liable. Often, the problem involves both the builder's work on your lot and the HOA's management of the community system, requiring a coordinated legal strategy.

Yes. Florida law provides homeowners with a clear path to hold negligent builders accountable for the damage caused by drainage defects. You can file a construction defect claim to recover the costs of investigation, repairs, and property damage.

Common grounds for a successful claim include:

• Negligence: The builder failed to meet the professional standard of care required during construction.
• Breach of Contract and Warranty: The builder failed to deliver a home built to the standards promised in your purchase agreement and warranty documents.
• Violation of the Florida Building Code: We work with civil engineers and construction experts to prove the exact codes the builder violated, creating powerful evidence for your case.

Navigating a construction defect claim requires understanding a few key laws. Acting quickly is critical, as your rights expire over time.

• The One-Year Builder's Warranty: This is your first line of defense. You should report issues in writing immediately. However, be cautious: builders often offer cheap, temporary "fixes" (like adding a small drain or a pile of dirt) that don't solve the underlying grading problem.
• Chapter 558, Florida Statutes: Before you can file a lawsuit, you are required to send the builder a formal "Notice of Claim." This starts a process where the builder has the right to inspect the defect and an opportunity to propose a settlement or repair. It is crucial to have an attorney manage this process to ensure any offer is sufficient to fix the problem permanently.
• The Legal Deadlines:
  
  • Four-Year Statute of Limitations: You generally have four years from the date you discovered (or reasonably should have discovered) the defect to file a lawsuit.
  • Ten-Year Statute of Repose: This is Florida’s absolute deadline. Ten years after the builder issued the certificate of occupancy, your right to sue for a hidden defect is permanently gone, even if you just found it.

You should contact our firm for a free evaluation as soon as you suspect a problem. The ideal time to call is when:

• You notice water pooling near your home, a constantly soggy yard, or dampness inside.
  
• The builder is denying your warranty claim, delaying repairs, or has offered a fix that seems inadequate.
• You are unsure of your rights and need a clear understanding of your legal options.

Our firm will take immediate action to protect your home and investment by inspecting and documenting the defects, retaining the necessary engineering experts to prove negligence, and managing all legal communications to secure the compensation you deserve.

Don't let a builder's mistake devalue your property and threaten your family's health. The damage from poor drainage only gets worse—and more expensive—with every storm.

📞 Call Kagan Law PLLC today At (954) 300-1068 or submit our online contact form for a free, no-obligation case evaluation. Let us help you safeguard your home and hold the responsible parties accountable.