Can I Sue My Builder for Water Intrusion?

Water intrusion isn’t just inconvenient, it can cause serious, long-term damage to your home or commercial property. In Florida, where humidity and heavy rainfall are part of life, improper construction or poor waterproofing can turn a small leak into a costly nightmare.

If you’re dealing with water coming through your walls, ceiling, or foundation, you might be wondering whether your builder or contractor can be held legally responsible. The answer is often yes, but success depends on how and why the intrusion occurred, and how your contract, warranty, and state law interact.

Below, we’ll break down how water intrusion claims work, when a builder can be sued, and what steps you should take if your property has been affected.

What Is Water Intrusion and Why Does It Happen?

“Water intrusion” refers to water entering your property from the outside in ways it shouldn’t, through roofs, windows, walls, foundations, or improperly sealed surfaces. In many Florida cases, it’s not about a single storm or flood, but about construction defects, such as:

• Improperly installed stucco, flashing, or windows
• Defective roofing or waterproofing systems
• Poor drainage or grading around the structure
• Faulty balcony or deck construction
• Inadequate sealing around penetrations or joints

When construction work isn’t done properly, or when cheap materials or shortcuts are used, the result can be water seeping in over time, causing mold, structural decay, and property devaluation.

When Can You Sue a Builder for Water Intrusion?

In Florida, you can usually sue a builder, contractor, or developer for water intrusion if the issue was caused by negligence, breach of contract, or defective construction.

Here are the most common legal grounds:

1. Breach of Contract – If your contract required the builder to meet certain standards, follow code, or use specific materials and they failed to do so, you may have a valid claim.
2. Negligence – Builders and subcontractors have a duty to perform their work with reasonable care. When they fail to meet industry standards and that failure causes damage, they can be held liable.
3. Breach of Warranty – Many builders provide express or implied warranties on new construction. These warranties may cover workmanship, materials, or structural soundness for a set period.
4. Violation of the Florida Building Code – If your builder’s work violated code requirements, that can serve as strong evidence of defective construction.
   

How Long Do You Have to Sue a Builder for Water Damage in Florida?

Under Florida Statute §95.11(3)(c), property owners generally have four years from when the defect is discovered, or should have been discovered, to bring a lawsuit for construction defects.

There’s also a ten-year statute of repose, meaning that no matter when the issue appears, you typically cannot sue more than ten years after construction was completed.

Because every case is different, it’s critical to consult a construction litigation attorney as soon as you discover the problem. The timeline can vary depending on the type of property, the builder involved, and whether warranties or extensions apply.

What Damages Can You Recover in a Water Intrusion Lawsuit?

If you successfully prove your case, you may be entitled to recover:

• The cost of repairing water damage and defective construction
• The cost of mold remediation or property restoration
• Loss in property value
• Attorneys’ fees (in some cases)
• Consequential damages, such as temporary housing or business interruption

Each situation is unique. A well-drafted claim backed by expert inspections and documentation can make all the difference in recovering the full extent of your losses.

Do You Need an Attorney for a Water Intrusion Claim?

Yes, and ideally one experienced in construction litigation. Water intrusion cases can be complex. Builders and developers often have insurance companies or legal teams ready to defend them, and determining liability can require technical expertise, inspections, and testimony from building experts.

At Ayala Law, our attorneys handle both commercial and residential water intrusion cases, representing property owners across Florida. We know how to investigate construction defects, negotiate with insurers and contractors, and bring lawsuits when necessary to protect your investment.

Whether your property is a condo, single-family home, or commercial building, we can help you assess your legal options and determine the best strategy moving forward.

What To Do If You Notice Water Intrusion in Your Property

If you suspect water damage caused by poor construction, act quickly:

1. Document Everything: Take photos and videos of visible damage.
2. Contact Your Builder or Contractor in Writing: Describe the issue and request repairs.
3. Hire an Independent Inspector or Engineer: A professional report will strengthen your claim.
4. Consult a Construction Litigation Attorney: An attorney can help you preserve evidence, navigate pre-suit notice requirements, and ensure you meet all legal deadlines.

Florida Construction Defect Lawyers You Can Trust

Water intrusion claims are stressful, but you don’t have to deal with them alone. Our team has extensive experience in construction litigation, commercial disputes, and real estate law, helping property owners hold builders accountable when their work falls short of professional standards.

If your home or building has been affected by water intrusion, contact one of our experienced attorneys in Miami at 305-570-2208.

You can also contact our founding attorney Eduardo A. Maura at eduardo@ayalalawpa.com.

Schedule a case evaluation online here.

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].