My New House Has A Construction Defect. What Are My Options?

Tue Jan 17th, 2023 on     Insurance Claims,    

Buying a new home is an exciting and busy time for the soon-to-be homeowner. There is so much that needs to be completed prior to signing the papers and moving in, but once everything is said and done, a new homeowner should be able to relax in their new home. Unfortunately, for some new homeowners, after move-in is when the nightmare begins as they uncover problems with their new dwelling. After making such an expensive investment, where can they turn for help? Fortunately, there are options available to homeowners stuck in this nightmare scenario and a Miami property insurance lawyer from Ver Ploeg & Marino can help.  

Common Types of New Home Construction Defects In Florida

Much of Florida is experiencing a surge in new homes being built to accommodate the flood of people moving to its sunny shores from other states. Unfortunately, some of these new homes fail to meet the mark and have inherent construction defects. Some of the most common defects are listed below. 

Poor Roof Designs & Workmanship

A roof is an important feature of any new home. In order to work properly, it must be designed and created according to exact specifications. Many of the defects found in new homes in Florida are the result of poor roof design or workmanship. This can lead to leaks, and leaks can lead to mold growth. Damage can occur to the walls of the home and even the personal property located inside the home. 

Inferior Windows

Defective windows often leak and result in damage to the walls of a home. Mold also thrives in the moist areas that form when windows leak and this has a detrimental effect on air quality. Sometimes, the windows are installed correctly but are of inferior quality which causes them to leak, fog or become stuck. 

Wiring & Electrical Issues

It is essential that a home be properly wired for the safety and comfort of the people that live there. When the electrical wires are not up to par, lights can flicker, fuses can blow, and sparking may occur. In the worst-case scenarios, faulty wiring can start a fire. 

Improper Soil Grading

Proper soil grading is essential prior to building a home. When it is not completed, foundations can move when the soil settles after the building has been completed. Improper soil grading can also create problems with drainage, causing water to intrude in places where it does not belong.

Parties That May Be Liable for New Home Construction Defects According to a Miami Property Insurance Lawyer

One of the first hurdles that must be overcome in recovering for new home construction defects is determining the party responsible for the defects. In most cases, this is not a simple task as there are multiple parties that are responsible in some way. A Miami property insurance lawyer at Ver Ploeg and Marino can help determine who the liable parties are and can help homeowners pursue the damages they are owed. 

Builders & Contractors

Builders and contractors are usually the first ones looked at when construction defects occur as they are the ones with feet on the ground when the house is being built. Even if a builder or contractor technically adheres to the specifications required in constructing the home, if they were aware of a problem in the specifications, they may be able to be held liable. A Miami property insurance lawyer can help determine when this is an issue.  

Architects & Engineers

Architects and engineers have the responsibility of designing a home without defects. When they fail to do so, and their faulty design results in construction defects, they may be held responsible. 

Product Manufacturers

In some situations, the defect is not the result of a faulty design or the failure of the contractor or builder to adhere to specifications. Instead, it is the result of poor manufacturing of the products used in the building of the home. In these cases, the product manufacturer may be held liable for the damages. 


Prior to purchasing a home, many prospective purchasers have inspections performed. If they are buying the home with a loan from a bank or other lender, an inspection is often required. When a defect is later found which should have been detected by the inspector, the inspector may be held liable for the damages sustained by the homeowner.

Insurance Companies and New Home Construction Defects

There may be multiple options available to a homeowner to recover for construction defects, and one of those options will be the insurance company for the party responsible for the defect. When a homeowner files a claim with the insurance carrier, and the carrier delays, denies or otherwise acts in bad faith, a Miami property insurance lawyer at Ver Ploeg & Marino can help. We review all relevant documentation available, including the insurance policies. We then form a plan that will best help the homeowner recover the amount they are owed. Our experience and extensive knowledge allow us to anticipate the next move of the insurance companies and their attorneys, and our clients benefit from our combined skills. 

Homeowners should keep in mind that their homeowner’s insurance policy is not the proper party with which to make a claim for insurance coverage for a construction defect. In some cases, filing such a claim can even result in premium increases as the insurance carrier is now aware of the damages to the property. It is the insurance carrier for the party that is responsible for the damage that should be responsible for the coverage.  

Speak with a Miami Property Insurance Lawyer at Ver Ploeg & Marino

If you have moved into a new home only to discover that there are defects that must be resolved, speak with a Miami property insurance lawyer at our firm. We are experienced attorneys that focus on helping corporate and individual policyholders resolve insurance coverage disputes. We may be reached by calling 305-577-3996 or via our contact page.

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