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Central Florida is one of the fastest-growing metropolitan areas in the US, with many new homes built each year. When you purchase a newly built home, you should be able to trust that the construction crew is made up of knowledgeable professionals who follow applicable building codes and use high-quality materials. However, the pressure to get the job done as quickly as possible and build more homes can cause some construction companies to cut corners and rush through the process. This can lead to serious structural defects that will impact the stability of your home and your ability to inhabit it in the future. Below, our Orlando construction lawyer discusses how to identify construction defects and how to hold construction companies accountable for damage to your home.

What is a Construction Defect?

Florida Statute 558 defines a construction defect as any building deficiency due to using defective materials, failing to follow proper building codes, deviating from industry standards, or constructing a poorly designed project. The defect can occur at any part of the construction phase, from planning and surveying to remodeling.

Common Wall, Window, and Floor  Defects in Florida Homes

There are two general types of defects in new homes. Apparent defects can be seen right away, even without expert training. Latent defects often take years for homeowners to notice, as things like small water leaks can allow mold to grow for years. Here are the most common types of construction defects found in new Florida homes:

Improper Installation

Sticking doors and windows, cloudy glass, and leaks are all signs that windows and doors may be improperly installed in your home. Tears or improper use of building paper and flashing, which is meant to act as a moisture barrier in your home, can also cause wall and floor defects, like wood warping and drywall staining.

Drainage

Improper drainage and grading can cause serious flooding issues and mold growth in a home. It can also cause damage to landscaping and plants. It’s increasingly common to find drainage issues in newly constructed neighborhoods, which you may overlook until the first major rain event at your new home.

Exterior Wall Damage

Cracking paint and other issues with exterior walls can be caused by the builder using inferior products or failing to adhere to proper building codes.

Mold

Mold grows in wet, humid, warm environments and causes serious health conditions. Gaps in windows, doors, and floors during the construction of interior walls can eventually cause mold to grow. Mold growth is especially common in newly constructed bathrooms if showers and tubs aren’t properly installed or tiled.

Who’s Responsible for a Construction Defect?

The contractor, building supplier, or construction company could be responsible for construction defects if it’s determined that improper construction methods or defective materials caused the defect. If you believe your home is damaged due to a construction defect, contact an Orlando construction lawyer, like the Boutty Law Firm, to discuss your case.

Filing a Claim for a Construction Defect

Here is how to make a claim against a contractor, construction company, or supplier after you notice a construction defect in your home:

Identify Responsible Party

The first step in filing a claim for a construction defect in your home is to define the responsible party. Since many crews probably worked on your home, you’ll have to determine each crew’s responsibilities and who was at fault for the construction defect and the damage it caused to your home.

Notify the Contractor

Once you’ve identified who’s responsible for the defect, you must send them a formal notice about your intention to file a lawsuit. For residential properties, you must send this notice at least 60 days before officially filing the lawsuit. The goal of this advanced notice is to allow the contractor to fix or address the problems without seeking legal action. The notice needs to identify the issues at the property and the damage the defects have caused. The notice must also cite a building code violation that contributed to the defect. An experienced construction lawyer in Orlando can help you determine what codes may have been violated due to the defect and help value the total damages.

Inspection

Once the contractor receives the notice, they must be allowed to inspect the property and survey the alleged defects. Once the inspection occurs, the contractor can respond to the notice by either agreeing to remedy the problem through a refund or repair, negotiating a settlement amount, or sending a counter-response that may lead to litigation.

Statute of Limitations

Florida SB 360 went into effect on July 1, 2024, and changed the statute of limitations on when property owners can bring lawsuits against construction companies regarding construction defects. Now, property owners must file a lawsuit with the construction company within seven years of the project completion date. Before this law, property owners could file lawsuits within ten years of the project completion date. These dates are important as you probably won’t immediately notice some construction defects. It can take years for the effects of a window, floor, or wall defect to become apparent. The statute of limitation considers the project end date to be when the building received its temporary or permanent certificate of occupancy, certificate of completion, or date of construction abandonment. Hidden or latent defects can be exempt from these limitations under certain conditions.

Boutty Law Firm: Construction Lawyer in Orlando

Our team at the Boutty Law Firm represents property owners, construction companies, and contractors for all construction law matters. Benjamin Shane Boutty is a licensed contractor and construction company owner with over 20 years in the industry. Whether you require a skilled Orlando construction attorney to advocate for you in a construction defect or construction lien claim, we can help. Contact our team at 407-622-1395 for a consultation to discuss your case.