New Construction Isn’t What It Used to Be: What Florida Buyers Aren’t Being Told
Florida accounted for 11.8% of all new home construction permits in the country in 2024. The demand was real. The labor pool to meet it was not. If you bought new construction in Southwest Florida between 2020 and 2024, here’s what the warranty paperwork doesn’t cover.
The Boom Created a Problem Nobody Wants to Talk About
The post-pandemic migration to Southwest Florida drove one of the fastest residential construction expansions in state history. Builders were under pressure to close homes. Labor was scarce. Permit offices couldn’t keep up — Pasco County’s building department publicly acknowledged it couldn’t keep pace with new builds during COVID and allowed builders to use their own private inspectors, a practice Florida state law permits.
The result: homes built fast, by whoever was available, with inspection oversight that varied by county and by builder. In Hillsborough County alone, more than 300 open construction defect lawsuits are currently active. Southwest Florida is not immune.
How Florida Contractor Licensing Actually Works
This is the part most homeowners don’t know — and builders don’t advertise.
In Florida, a licensed General Contractor (CGC) or Building Contractor (CBC) can legally pull a permit and build a home using any subcontractors they choose. Florida Statute Chapter 489 governs contractor licensing. Under it, a licensed individual acts as a “qualifying agent” for a company — meaning the company operates under that person’s license. The qualifying agent does not have to be present on the job site. They do not have to supervise every trade. They are legally responsible, but practically absent in many cases.
Florida’s DBPR (Department of Business and Professional Regulation) issues contractor licenses and handles complaints. In 2025, DBPR investigated over 4,800 complaints of unlicensed activity and completed approximately 2,000 enforcement actions — revoking one company’s license for deceptive practices. For a state with Florida’s construction volume, that enforcement rate is not a deterrent.
An investigation by WLRN found that DBPR’s licensing review checks testing requirements and company financial health — but does not check consumer complaints or pending litigation against an applicant. Contractors with documented complaint histories have received new licenses and renewals.
What Hurricane Ian Revealed
Hurricane Ian made landfall on September 28, 2022 near Fort Myers Beach as a Category 4 storm — a direct hit on Lee County, with significant impact across Collier. The storm was one of the most destructive in Florida history, with CoreLogic estimating insured wind losses between $22 billion and $32 billion.
The data on code-compliant construction was clear: CoreLogic found wind losses in Lee County were twice as high for structures built before 1996, when Florida began tightening wind-load codes. Stronger roof-to-wall connections, impact-resistant windows, and improved hurricane strap requirements made a measurable difference.
What Ian also revealed was execution quality. A roof installed with correct fastener spacing performs differently than one installed by a crew unfamiliar with Florida’s High Wind Zone requirements. A window with proper flashing and WRB installation performs differently than one that was rushed. The code doesn’t build the house — the crew does.
What We’re Seeing in Collier and Lee County
These are the defects showing up repeatedly on homes built 2020–2024 in our service area:
Improper window and door flashing. The most common source of water intrusion we find. Florida Building Code requires a weather-resistant barrier (WRB) behind the stucco assembly and proper integration at all openings. Crews that skip or improperly install the WRB create a direct water pathway behind the building envelope. This doesn’t show up as a leak on day one — it shows up as interior wall staining, mold, and drywall damage 12–24 months in.
Stucco over improper substrate prep. Three-coat stucco applied over OSB or frame without correct lath installation, control joints, or adequate cure time develops pattern cracking and delamination. In coastal Southwest Florida, those cracks allow chloride-laden moisture behind the assembly — corroding lath wire, carbonating the cement, and accelerating failure.
Roof deck fastening deficiencies. Collier and Lee County fall within Florida’s High Wind Zone, requiring specific fastener patterns and nail spacing on roof sheathing. Crews that don’t know the code — or don’t follow it — install decks that meet visual inspection but fail under load. This is not detectable without a fastener pull test or close inspection.
Electrical rough-in shortcuts. Missing AFCI (arc fault) protection on bedroom circuits, improper wire gauge for circuit length, and junction boxes buried behind drywall without accessible covers. These are code violations that pass rough-in inspection when inspectors are overwhelmed or inspections are delegated.
Concrete flatwork settlement. Driveways, pool decks, and walkways settling unevenly within the first year. Caused by inadequate base compaction before the pour — a step that takes time and can’t be faked after the fact.
HVAC condensate drainage failures. Improperly pitched or connected condensate drain lines cause water to back up into the air handler, overflow into the ceiling or wall cavity, and saturate drywall. In Florida’s humidity, mold follows within days. This is one of the most commonly reported defects in post-2020 construction across the state.
The Warranty Problem
Florida new construction typically comes with a 1-year workmanship warranty, 2-year systems warranty, and 10-year structural warranty. In 2023, Florida Senate Bill 360 reduced the statute of repose for latent construction defect lawsuits from 10 years to 7 years — meaning the window to pursue a builder for a hidden defect is shorter than it used to be.
Most of the defects listed above are not visible at closing. Window flashing failures show up during the first rainy season. Stucco delamination develops over 18–24 months. HVAC condensate issues can take one humid summer to manifest. By the time homeowners identify the problem, the 1-year workmanship warranty is often expired.
Florida’s Chapter 558 process provides a prelitigation pathway — a 60-day written notice to the contractor identifying the defect and allowing time for a response before a lawsuit can be filed. That process requires documentation: photos, a licensed contractor’s written assessment of the defect and its cause, and a repair estimate.
The practical reality: most homeowners want it fixed, not litigated. The Chapter 558 process matters, but getting a licensed contractor to document and remediate the defect is the first step regardless of what comes after.
What to Do
If your home was built between 2020 and 2024 and you haven’t had an independent assessment:
Get one before your 1-year warranty expires if you’re still in that window. A licensed general contractor — not a home inspector — can assess stucco installation, window flashing, roof fastener patterns, and electrical rough-in quality. A home inspector is not licensed to make construction defect assessments. A licensed GC or licensed specialty contractor is.
Document everything in writing. Photographs with timestamps. Written contractor assessments. Any builder communications. This matters if you pursue Chapter 558 or pursue your warranty claim.
If you’re past the warranty — you still have legal options under Florida’s statute of repose, and you have a remediation path. Water intrusion, active mold, electrical issues, and structural deficiencies don’t wait for the legal process to resolve.
What We Do
We are a licensed general contractor in Southwest Florida. We assess and repair construction defects on residential and multifamily properties — stucco, waterproofing, window and door flashing, concrete, electrical, and structural repairs. We perform our own work with our own licensed crews.
If you bought new construction and something isn’t right, we’re available for assessments across Collier and Lee County.
General Construction & Development — Licensed General Contractor, Southwest Florida.