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Florida’s population boom and significantly increased housing demand, especially in Central Florida. With new neighborhoods popping up in fast-growing communities like Lake Mary, Sanford, and Oviedo, it’s easy to see why Florida is one of the top three states in the nation for new home construction. To meet this demand, home builders are completing neighborhoods in record time. However, building a new home quickly can lead to oversight and defects, which can make your dream home turn into a nightmare. How and when can you hold your home builder responsible for construction issues once you’ve moved in? Below, we answer some of the top questions regarding holding a builder responsible for new home defects and when you should hire an Orlando construction lawyer to ensure you receive adequate compensation for your damages.

What is the Most Common Source of New Home Construction Issues?

In Central Florida, the most common new home construction defects are related to water damage, water intrusion, and mold. Florida’s wet and humid climate makes homes susceptible to water damage, which increases the chances of mold growth. Proper drainage and grading throughout new neighborhoods is also a significant issue.

What are Other Common Types of New Home Construction Issues?

Other types of new home constructions include:

• Foundation problems—often due to inadequate soil and ground preparation before the home was built.
• Construction delays—failing to meet the designated timeline can significantly increase your home-purchasing expenses, including temporary housing and storage units. These unexpected expenses cause significant emotional and financial strain and are often preventable.
• Improper installation—improper installation of door frames, windows, and walls can make the home more susceptible to water intrusion.
• Lack of waterproofing—waterproofing is critical for Florida homes. However, national home builders often don’t take Florida’s specific climate into consideration and overlook steps to ensure water prevention.
• System failures—another new home construction issue we often see is catastrophic system failures of major appliances within the home, such as HVAC or plumbing systems.

Can I Sue My Florida Builder Right Away for a Defect?

You must follow the process outlined in your home construction contract and Florida law to file a claim against your builder for a construction defect. Florida Statute 558.001 requires homeowners and construction builders to have the opportunity to solve new home construction issues and claims through confidential settlement negotiations first. An experienced Orlando construction lawyer, like our team at The Boutty Law Firm, can help review your contract to determine your available options.

Is it Normal for a New Home to Have Problems?

While it’s not normal for a new home to have construction issues, it’s becoming a common problem for many Central Florida homeowners moving into newly built homes. New home construction builders often look to build houses as quickly and cheaply as possible. However, this is not acceptable and should not be overlooked. You deserve to live in the dream home you’ve invested in and constructed to meet your family’s needs.

How Do You Identify a Problem with Your New Home?

Common signs of a new home construction defect include shifting door and window frames, drywall and foundation cracks, water intrusion, mold growth, and flooding in a non-flood area. The best way to prevent new home construction issues is to work with an Orlando construction lawyer and have a licensed independent home inspector conduct an assessment on your home before closing—even if your builder performs an internal inspection. Independent inspections often uncover problems the internal inspector missed or intentionally overlooked.

When Should You Hire a New Home Construction Lawyer?

Your new home construction attorney plays a crucial role in the home building process. They can help you understand your rights before you sign the construction contract, ensuring it protects your interests. Once you move in, your lawyer can help you navigate any issues that may arise, from minor defects to major construction problems.

If you didn’t hire a lawyer during the construction process, contact one as soon as you discover the defect in your home. A lawyer can help negotiate with your builder for suitable remedies for the issue. These remedies could include repairs at the builder’s expense, compensation for the reduced value of your home, or rebuilding for structural defects. Your lawyer will also protect your rights and ensure your voice is being heard to remedy the problem.

What Should You Do If You Discover a New Home Construction Issue?

If you discover a construction defect, document it immediately with photos and videos, updating them regularly to show the defect’s progression. Avoid DIY repairs unless it’s an emergency. You must notify the builder in writing at least 60 days before taking legal action, ideally within the first two weeks of discovering the defect. The builder has 45 days to respond and remedy the issue. If the builder fails to do so, attempt to enforce compliance by filing a claim with the builder.

Is a Builder’s Warranty Enough Protection for a New Home?

All Florida home builders must provide a mandatory one-year home warranty on all new construction homes as of July 1, 2025. This warranty must cover replacement and repairs for construction defects caused by a builder’s or subcontractor’s equipment, materials, or workmanship, as defined by the Florida Building Code. However, these warranties only cover specific issues and have lengthy claim processes that deter homeowners from taking advantage of them. If you suspect your home has a construction defect, contact an Orlando construction attorney, like The Boutty Law Firm, to discuss your legal options.

How Long Do You Have to File a Claim?

You must take legal action within two years of discovering the defect. The claim must be commenced within seven years after the governing authority issues a permanent or temporary certificate of occupancy, certificate completion, or date of construction abandonment (if not completed), whichever is earliest.

The Boutty Law Firm: Orlando Construction Lawyer

The Boutty Law Firm, with decades of experience in construction law, is here to represent you when new home construction issues arise. We understand Florida homes and can help you navigate the legal process to hold your builder accountable. Contact our office at 407-622-1395 or schedule your free consultation online to see how we can help you.