Executive Summary: Construction defect lawsuits in Florida frequently arise from water intrusion, foundation cracks, system failures, roof defects, structural issues, the use of faulty materials, and code violations. Contractors can reduce risk by documenting their work, utilizing licensed subcontractors, selecting high-quality materials, and ensuring code compliance at every stage. Early action and clear communication are crucial to preventing claims and safeguarding your business.
Florida’s construction industry is booming, but with fast growth comes an increase in legal disputes. Construction defect claims are one of the most frequent reasons contractors and developers find themselves in court. Whether the project is a custom home, commercial building, or large-scale development, defects can quickly lead to costly litigation, delays, and damage to reputation.
Understanding the most common issues can help contractors protect themselves, improve project oversight, and respond effectively when claims arise.
-
Water Intrusion and Poor Drainage
Water damage is one of the top causes of construction defect lawsuits in Florida. The state’s climate makes buildings especially vulnerable.
Common causes include:
- Improper flashing or sealing around windows and doors
- Faulty roofing systems
- Inadequate site grading or drainage systems
According to a study by the American Institute of Architects water intrusion accounts for over 70% of all construction defect claims nationwide. In Florida, it often leads to mold, wood rot, and structural damage, raising both repair costs and legal exposure.
-
Foundation Cracks and Settlement Issues
Soil movement, improper compaction, or poorly designed footings can lead to cracks in the foundation. In some cases, structures settle unevenly, causing visible damage to walls, floors, and framing.
Florida’s sandy soils and high water table increase the risk. If a foundation wasn’t properly engineered or inspected, contractors may be liable even years after project completion.
-
HVAC, Plumbing, and Electrical Failures
Building systems must meet code and function as intended. When HVAC units don’t work, pipes leak, or electrical wiring causes outages or fire hazards, lawsuits are often not far behind.
Common problems include:
- Improperly installed ductwork
- Undersized systems
- Leaky or corroded pipes
- Electrical work that fails inspection or causes safety concerns
Even subcontractor errors can trigger lawsuits against the general contractor or developer, depending on contract language and warranties.
-
Roof Defects
A faulty roof can lead to significant repair costs and insurance issues. Florida’s storm activity puts even more pressure on roof performance.
Claims often involve:
- Poor shingle installation
- Incorrect flashing or underlayment
- Nail pops or exposed fasteners
- Failure to meet wind uplift standards
If a roof fails within a few years of installation, owners are quick to pursue claims. In many cases, a roofing manufacturer’s warranty doesn’t cover installation errors, so contractors are left holding the bag.
-
Building Envelope and Structural Issues
The “building envelope” includes the exterior walls, windows, doors, and insulation. If the envelope isn’t sealed correctly, it can lead to energy loss, moisture intrusion, and indoor air quality problems.
Structural issues like failing beams, load-bearing walls, or improper framing can also spark serious claims. These issues often require expert inspections and costly remediation.
-
Defective Materials or Products
Sometimes, the problem isn’t with the workmanship, it’s with the materials. If defective drywall, siding, or flooring is used, a contractor can still be liable if they selected or installed the product.
Product defect claims may involve:
- Substandard concrete mixes
- Faulty stucco or EIFS systems
- Chinese drywall (which led to a major wave of lawsuits in Florida in the early 2000s)
Contractors can limit their exposure by documenting all product selections and using reputable suppliers.
-
Code Violations and Permit Issues
Improper permitting or failure to build according to code often triggers complaints. These issues are especially problematic if the violation prevents occupancy, delays the sale of the property, or results in municipal fines.
Even minor code violations such as insufficient fire blocking or railing height can open the door to more significant legal challenges if not corrected.
Construction defects don’t just damage structures, they damage reputations, budgets, and business relationships. If you’re a contractor or developer facing a defect claim, or you want to strengthen your contracts and inspection process to avoid them, Florida Construction Law Group can help you build a smarter legal foundation. Contact us today to protect your work and your bottom line.
