In new construction, window and door seals are one of the most important elements in protecting a home from the outside environment. These seals — typically made of caulk, foam gaskets, weatherstripping, or factory-applied insulated glass seals — are designed to:

• Keep water from entering the home.
   
• Prevent air leakage to maintain energy efficiency.
   
• Reduce outside noise.
   
• Stop insects and debris from getting inside.
   

When these seals are installed improperly, damaged during construction, or made from defective materials, they can fail prematurely. Seal failure means water, air, and sometimes pests can penetrate the building envelope, leading to a range of costly and potentially hazardous problems.

Common seal defects in new construction include:

1. Improper Caulking or Missing Sealant – Gaps left unsealed around window and door frames.
    
2. Failed Insulated Glass Unit (IGU) Seals – Moisture becomes trapped between glass panes, causing fogging and condensation.
    
3. Misaligned Frames – Poor installation causes uneven pressure on seals, leading to cracks and gaps.
    
4. Weatherstripping Installed Incorrectly – Allows drafts and insects to enter.
    
5. Substandard Sealant Materials – Low-quality caulk or foam that deteriorates quickly in Florida’s heat and humidity.
    

Seal failure isn’t just an energy-efficiency issue — it’s a building envelope breach. In Florida’s hot, humid, and storm-prone climate, failed seals can cause:

• Water Intrusion and Interior Damage
  Rainwater can enter wall cavities, soak insulation, and damage drywall, flooring, and trim.
   
• Mold and Mildew Growth
  Persistent moisture creates ideal conditions for mold, which can spread rapidly and cause health issues.
   
• Structural Rot
  Wood framing and subflooring can deteriorate if moisture is allowed to remain inside the structure.
   
• Increased Utility Bills
  Air leaks force HVAC systems to work harder, increasing cooling costs.
   
• Loss of Window or Door Warranty
  Manufacturers often void warranties if installation does not follow their specifications.
   

In Florida, builders, contractors, and developers have a legal duty to install windows and doors in compliance with:

• The Florida Building Code.
   
• Manufacturer installation guidelines.
   
• Accepted industry standards.
   

If seal failures occur due to improper installation, the builder is typically responsible for repairs and resulting damages.

In multi-family or HOA communities, responsibility may be shared:

• Individual Homeowners – For seals on windows/doors serving their own unit.
   
• HOA or Condominium Association – For common-area windows/doors or elements impacting multiple units.
   

Yes. Under Florida construction defect laws, you may have a valid claim if seal failure leads to property damage or violates building codes. Claims can be based on:

• Defective Installation – Builder failed to follow code or manufacturer requirements.
   
• Use of Substandard Materials – Low-grade sealants not suited for Florida’s climate.
   
• Code Violations – Improper flashing, lack of weep holes, or missing water-resistive barriers.
   
• Failure to Address Known Problems – Builder ignored homeowner reports or performed inadequate repairs.
   

Successful claims can help recover:

• The cost of replacing or repairing windows/doors.
   
• Interior water damage repairs.
   
• Mold remediation costs.
   
• Increased utility expenses due to air leakage.
   
• Attorney’s fees in some cases.
   

You should contact Kagan Law PLLC immediately if you notice:

• Drafts or temperature changes near closed windows/doors.
   
• Water stains, peeling paint, or soft drywall around frames.
   
• Condensation or fog between glass panes (for double/triple-pane windows).
   
• Difficulty opening or closing windows/doors.
   
• Warped frames or visible gaps in caulking.
   

Why early action matters:

• The longer a seal failure goes unaddressed, the more extensive and expensive the damage becomes.
   
• Florida’s statute of limitations limits how long you have to make a claim.
   
• Builders may deny responsibility if they can argue the damage was caused by homeowner neglect.
   

Our firm will:

1. Inspect and Document – Collect detailed photographic evidence and expert assessments.
    
2. Engage Specialists – Work with building envelope and construction experts to prove defects.
    
3. Pursue Compensation – Negotiate or litigate against builders, contractors, or responsible parties.
    

Florida law provides homeowners with legal tools to address window and door seal failures:

• One-Year Builder’s Warranty – Covers most defects in materials and workmanship.
   
• Four-Year Statute of Limitations – Starts from when the defect was discovered or should have been discovered.
   
• Seven-Year Statute of Repose – Absolute deadline for latent defects, regardless of discovery date.
   
• Builders must comply with the Florida Building Code, which includes strict requirements for water intrusion prevention around windows and doors, proper flashing, and sealing techniques.
   

Under Chapter 558, Florida Statutes, homeowners must give builders written notice of defects and an opportunity to repair before filing a lawsuit — but this process can be strategically managed to strengthen your case.

If your new home has failing window or door seals, don’t wait — every rainfall can make the problem worse. Kagan Law PLLC has extensive experience holding builders accountable for defective installation and code violations.

📞 Call us now or submit our online form for a free case evaluation. We’ll work to protect your home, your investment, and your legal rights.