How to Know If You Have a Construction Defect: Signs Property Owners Shouldn’t Ignore

If you recently purchased or renovated a property in Florida and something just doesn’t feel right, you’re not alone. Many property owners suspect something is off with their construction, but they’re unsure if it’s just a minor issue or a serious construction defect that could lead to major financial or safety problems down the road.

In this blog post, we’ll walk you through the common signs of construction defects, when those signs may point to a legal issue, and how a property defect lawyer in Florida can help you determine your options.

What Is a Construction Defect?

A construction defect is any condition that reduces the value, safety, or intended function of a property due to faulty design, workmanship, or materials. Defects can show up immediately after completion,or years later.

These aren’t just cosmetic issues; they often require costly repairs and, in some cases, can impact the structural integrity of your home or commercial building.

Common Construction Defect Signs to Watch For

Wondering what to look out for? Below are some of the most common construction defect signs that property owners in Florida report:

1. Cracks in Walls, Ceilings, or Foundations

Hairline cracks may be normal in older properties, but new or worsening cracks, especially near windows, doors, or the foundation, can signal deeper structural issues.

2. Water Intrusion or Mold

If you notice water stains, leaking windows, roof leaks, or recurring mold problems, these could indicate improper waterproofing, poor drainage, or faulty installation of building materials.

3. Uneven Floors or Sloping

Floors that slope, sag, or feel soft underfoot may be signs of foundation defects, poor framing, or substandard structural work.

4. Electrical Problems

Frequent breaker trips, flickering lights, or non-functioning outlets may reflect unsafe or code-violating electrical work—something that should never be ignored.

5. Plumbing Failures

Low water pressure, pipe leaks, or drainage issues often point to poorly installed plumbing systems, which can lead to extensive water damage if left unresolved.

6. Doors and Windows That Don’t Close Properly

If doors or windows are difficult to open or won’t close flush, it could be due to framing or settling issues caused by defective construction.

7. Roof Leaks or Premature Deterioration

Roofing defects can lead to costly water intrusion and structural rot. Signs like curling shingles, water spots on ceilings, or rapid roof aging should be taken seriously.

Is It a Cosmetic Issue or a Construction Defect?

Here’s a quick guide:

• Cosmetic Issue: Paint chipping, minor drywall cracks, or loose doorknobs
• Construction Defect: Foundation cracks, electrical hazards, plumbing leaks, structural shifts, or anything that affects safety or function

If you’re unsure, it’s worth speaking with a property defect lawyer who can assess your situation based on Florida law and local building codes.

What Causes Construction Defects in Florida?

Florida’s climate and booming development scene make the state especially prone to construction-related issues. Common causes include:

• Improper construction methods
• Use of defective or substandard materials
• Negligent supervision of contractors or subcontractors
• Design errors by architects or engineers
• Code violations or rushed project timelines

Can You Sue for Construction Defects in Florida?

Yes. Florida law gives property owners the right to bring claims against builders, developers, contractors, and sometimes even architects or engineers, depending on the circumstances.

You may have legal claims under:

• Breach of contract
• Negligence
• Breach of warranty
• Violation of Florida’s building code

The first step is often sending a Chapter 558 Notice, which is required before filing a construction defect lawsuit in Florida. It gives the contractor an opportunity to fix the issue before litigation begins.

When Should You Contact a Property Defect Lawyer in Florida?

If you’ve noticed any of the signs listed above, it’s time to act—especially if the builder or contractor isn’t responsive.

A Florida property defect lawyer can help you:

• Evaluate your claim and timeline
• Send the required 558 notice
• Negotiate repairs or compensation
• File a lawsuit if needed to protect your rights

Keep in mind: Florida has a 10-year statute of repose for most construction defect claims, but deadlines can vary depending on when you first discovered the issue.

Final Thoughts: Trust Your Gut and Protect Your Property

Construction defects are more than just frustrating, they can devalue your investment, create unsafe conditions, and result in unexpected costs if not addressed promptly. 

If you believe you’re dealing with a construction defect, contact an experienced construction litigation attorney in Miami at 305-570-2208.

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

Schedule a case evaluation online here.