🚰Water meter spinning when all fixtures off (hidden leak)
🔧 Fixtures & Installations
🚽Rocking or unstable toilet (wax seal / flange issue)
🚿Shower pan leaking (water in crawl space or floor)
🌊Outdoor hose bib not properly secured or leaking
🔧Improper fixture installation (misaligned, not level, stripped)
🔴 CRITICAL DEFECT
Venting or Drain Grade Issue — Builder Defect
Sewer gas smell and gurgling in new construction almost always indicates improper venting (missing vent stack, incorrect AAV installation, or code violation) or incorrect drain slope. Florida Building Code requires 1/4" per foot slope for all horizontal drain runs. These are not "settling" issues — they are confirmed builder defects.
FL FBC Plumbing Chapter 7 and Chapter 9: Drain pipe must be installed at proper slope; vent systems must be correctly sized and installed. Missing or improper venting creates a health hazard from sewer gas (hydrogen sulfide) and violates the FL Building Code.
⚡ Immediate Action: Record video with audio of the gurgling, document the sewer gas odor on multiple occasions (dates and times), and photograph any sewage backup events. Have a licensed FL plumbing contractor issue a written defect report citing the specific FBC code violations. Send written notice to the builder — this is a Year 1 warranty defect, act before the window closes.
🟡 POSSIBLE BUILDER DEFECT
Undersized or Improperly Graded Drain System
If multiple drains are slow from day one of a new construction home, this is not a usage problem — it is almost certainly an improper pipe sizing, insufficient slope, or installation defect. FL FBC requires minimum drain pipe sizes based on fixture unit (DFU) ratings. Builders sometimes downsize drain lines to cut costs.
A camera inspection of the drain lines can confirm incorrect slope, debris left during construction (a very common builder defect), or undersized pipe. This evidence is essential for your warranty claim.
📋 Action: Request a licensed FL plumber to perform a drain camera inspection and issue a written report with footage. Document which fixtures are affected and when slow draining first appeared. Compare against the building permit's approved plumbing plan if possible.
🔴 TIME-SENSITIVE
Potential Slab Leak — New Construction Liability
A warm floor, wet concrete slab, unexplained water bill increase, or water meter moving with all fixtures off in a home under 10 years old may indicate a leak in pipes embedded in the concrete slab. In Florida, slab leaks in new construction are caused by: aggressive soil pH corroding copper, construction vibration damaging fittings, poor solder joints, or PEX connection failures at the manifold.
New construction slab leaks may fall under FL FS 553.835 structural warranty coverage if the leak has caused or will cause structural damage to the slab or foundation. This extends coverage well beyond the 1-year workmanship warranty.
🎯 Critical Action: Perform the water meter test (Tab 3) and photograph both readings. Get acoustic leak detection performed by a licensed FL plumber BEFORE any concrete is cut — this preserves evidence and establishes the leak is pre-existing. Do not allow the builder to simply "fix and fill" without independent documentation of the defect cause.
🟡 WARRANTY ISSUE
Improper Air Chamber or Pipe Securing — 1-Year Warranty Claim
Water hammer (banging pipes when valves close quickly) in new construction indicates missing or improperly sized water hammer arrestors, or pipes not properly secured to framing per FL FBC requirements. FL Building Code requires pipe hangers at specified intervals for all materials (copper, PEX, CPVC). Unsecured pipes vibrate, wear against framing, and eventually fail at fittings.
This is a builder responsibility under the 1-year workmanship warranty. It is relatively easy to document and inexpensive for the builder to correct — making it a strong warranty claim if filed within Year 1.
📋 Action: Record video of the noise with specific trigger conditions noted (which fixture, flushing vs. closing, etc.). A licensed plumber can identify whether it's a water hammer arrestor issue, unsecured pipe run, or pressure regulation problem — each requiring a different repair cited to a specific code section.
🔴 CRITICAL — MOLD RISK
Shower Pan Leak — Waterproofing Failure
Shower pan failures in new construction (typically within 1–3 years) indicate: improper pre-pan liner installation, failed waterproofing membrane, or insufficient mortar bed slope toward the drain. Florida Building Code requires shower pans to be flood-tested for 24 hours before tiling — if the builder's plumbing inspector skipped this test, it is direct evidence of a construction defect.
⚠️ In Florida's climate, 24–48 hours of moisture beneath tile creates active mold colonization. Delay dramatically increases remediation cost and health risk.
🚨 Urgent Action: Stop using the shower. Have a licensed plumber and waterproofing contractor inspect immediately. Pull the permit records to verify whether the flood test inspection was recorded as passed. Document any visible mold, moisture staining, or soft substrate with photos and video. This is a Year 1 or Year 2 warranty claim with potential DBPR complaint grounds against the licensed plumber of record.
📋 COVERAGE SUMMARY
Your Defects — Builder Warranty Coverage Overview
Based on your selections, you have identified plumbing defects that are potentially covered under your FL builder warranty. Under FL FS 553.835, builders provide an implied warranty covering: workmanship and materials (1 year), mechanical/plumbing systems (typically 2 years), and structural components (10 years).
Your immediate next steps: document everything in writing, get a licensed FL plumber to create a formal defect inspection report citing FL Building Code sections, and contact your builder in writing (not just by phone). See the Warranty & FS 558 tab for the mandatory notice process before any legal action.
📌 Key Rule: Send ALL builder communications in writing — email at minimum, certified mail for formal warranty claims and FS 558 notices. Florida FS 558 requires written notice before you can file a lawsuit. Phone calls do not create the legal record you need. Date of first written notice is important for your timeline.
Get a Licensed FL Plumber to Document Your Defects
A written defect report from a licensed FL plumbing contractor is your strongest tool in a builder warranty or FS 558 claim — it establishes defects are construction-related, cites code violations, and sets the floor for settlement negotiations.
Request received! A licensed FL plumber will contact you within 2 hours for urgent requests, 24 hours for standard requests.
FL Builder Warranty & Your Legal Rights
What Florida law actually guarantees — and the exact process you must follow to enforce it.
📌 Key Facts
Florida has some of the strongest new construction warranty protections in the country. Under FL FS 553.835, builders provide implied warranties you cannot sign away at closing. Under FS 558, you have a clear enforcement process — but you must follow it exactly or lose your right to sue.
FL Builder Warranty Tiers
Year 1 — Broadest Coverage
Full Workmanship & Materials Warranty
Builder must repair or replace all defective workmanship, defective materials, and improper installation across all systems — plumbing, electrical, HVAC, structural. This is your broadest window. Plumbing defects present from Day 1 are clearly covered. Document and act before this window closes.
Years 1–2 — Systems Coverage
Major Mechanical Systems Warranty
Major systems (plumbing, electrical, HVAC) are typically covered for 2 years under FL new home warranties and/or state law under FS 553.835. Plumbing supply and drain systems should function as designed and installed. Failures that manifest in Year 2 may still be enforced through FS 553.835 even if the builder's express warranty has narrower terms.
Years 1–10 — Structural Protection
FL FS 553.835 Implied Structural Warranty
Florida provides an implied warranty of: 1 year for workmanship and materials · 2 years for mechanical, electrical, and plumbing systems · 10 years for structural components (foundation, load-bearing walls, slab). A slab leak or pipe failure that causes structural damage — slab cracking, foundation movement, soil undermining — can be enforced under the 10-year structural warranty well after the 1-year window closes.
Statute of Limitations
FL FS 95.11 — When Claims Expire
Florida FS 95.11: typically 4 years for latent (hidden) defects from the date of discovery, not construction. 10 years for structural defects. The clock starts when you discover the defect — a homeowner who finds a slab leak in Year 6 still has 4 years from that discovery date. Document the earliest date you noticed each issue.
FS 558 — Construction Defect Notice Process (Mandatory)
⚠️ You Must Do This Before Suing
Before filing a lawsuit against a builder or contractor for a construction defect in Florida, you must send a written notice of claim under Florida Statute 558.004. Failure to complete this process correctly — or at all — can result in dismissal of your lawsuit. This is not optional.
1
Send Written Notice of Claim to BuilderSend a detailed written notice to the general contractor and any known plumbing subcontractor, identifying each defect specifically — location, description, and how it violates the FL Building Code or warranty terms. Send via certified mail, return receipt requested, to the contractor's registered agent (find at sunbiz.org).
2
Builder Has 45 Days to Inspect & RespondThe builder and any named subcontractors have 45 days after receiving your notice to inspect the property and provide a written response. During this period, do not make any repairs yourself without first documenting the existing condition. Permit the builder's inspection — refusing it can affect your claim.
3
Review Builder's Written ResponseBuilder can: (a) offer to repair the specific defects, (b) offer a monetary settlement, (c) dispute the claim entirely, or (d) offer a combination. You are not required to accept their proposed remedy — but you must respond within the timeframe specified in their offer.
4
Negotiate, Mediate, or Proceed to Legal ActionIf you reject the builder's offer or they fail to respond, you may proceed to mediation (often required by your purchase contract), binding arbitration (if required by contract), or file a civil lawsuit. After completing the FS 558 process, you have fully preserved your legal rights.
5
Watch the Statute of LimitationsThe FS 558 notice must be sent within the applicable statute of limitations — typically 4 years from discovery for latent defects. Time spent in the FS 558 notice-and-response process may toll (pause) the running of the limitations period. Consult a licensed FL construction defect attorney to confirm timing for your specific situation.
📬 Who to Send the FS 558 Notice To
The general contractor (builder of record) — certified mail to registered agent via sunbiz.org
The licensed plumbing subcontractor (if known) — send separately to preserve rights against the sub directly
Any design professionals (architects, engineers) if their specifications contributed to the defect
Your title insurance company if the defect affects marketability of title or value
Keep copies of all certified mail receipts and delivery confirmations
DBPR Complaint Process
FL DBPR Construction Industry Licensing Board
If the licensed plumber who installed your plumbing performed defective work, you can file a complaint with the Florida Department of Business and Professional Regulation (DBPR). This creates an official public record and can result in license action against the contractor — strengthening your FS 558 position.
Online filing: myfloridalicense.com → File a Complaint → Construction Industry
DBPR investigates the complaint; contractor must respond formally
DBPR complaint records are public and can be cited in FS 558 negotiations
A DBPR complaint does not replace FS 558 notice — pursue both simultaneously
For licensed plumbers: providing expert defect reports as the DBPR-licensed contractor of record adds significant credibility to homeowner claims ($500–$2,000+ per inspection)
Hiring an Independent Plumbing Inspector
💡 Why Independent Documentation Wins Claims
A written defect report from a licensed FL plumbing contractor (not the builder's plumber, not a home inspector) is your most powerful evidence. It establishes that defects pre-exist homeowner use, cites specific code violations, provides a repair estimate that sets the floor for settlement, and gives builders little room to attribute blame to the homeowner.
What a Complete FS 558-Ready Defect Report Must Include
Inspector's FL plumbing contractor license number and company name (must be state-licensed, not just PHCC-certified)
Specific FL Building Code sections violated — by chapter and section, not just "code violation"
Detailed photo documentation with timestamps, location notes, and measurements
Itemized repair cost estimate for each specific defect
Written professional opinion that defects are construction-related, not homeowner-caused
Date and method of inspection (visual, camera, pressure test, acoustic detection, etc.)
Applicable test results (pressure test readings, drain camera footage on USB or cloud link)
Signed and dated on contractor letterhead with license number prominently displayed
Schedule an Independent Plumbing Defect Inspection
Licensed FL plumbers providing written defect inspection reports for builder warranty claims — FS 558 compliant documentation with FL Building Code citations.
Request received! A licensed FL plumbing contractor will contact you to schedule your FS 558 defect inspection.
Documentation Toolkit
The evidence you need for a successful builder warranty claim or FS 558 construction defect notice — with interactive progress tracking.
Documentation Checklist
0 of 9 items completed
Photographed each defect with date/timestamp — use your phone camera with location data enabled; the metadata confirms the date, time, and property address automatically.
Recorded video of active defects — gurgling drains, active drips, wet slab areas, pipe banging. Video with audio captures what photos cannot and is extremely compelling in warranty negotiations.
Completed the water meter test — photographed the meter before and after a 2-hour no-use period to document any hidden leaks (see step-by-step instructions below).
Noted the date each defect was first observed — use the earliest date you can document (first water bill spike, first email to builder, first text message complaint). This date is critical for the warranty clock and statute of limitations.
Pulled permit records from your county — confirm plumbing inspections were performed and passed. A skipped or failed inspection that was not corrected is significant evidence in a FS 558 claim (county portal links below).
Contacted the builder in writing — email at minimum (creates a timestamp), certified mail for formal claims. Phone calls do not count for FS 558 purposes and are difficult to prove.
Received a written diagnosis from a licensed FL plumber — NOT a handyman or home inspector. Must be a state-licensed plumbing contractor; the license number on the report is what makes it legally valid for warranty and court proceedings.
Located and reviewed your closing warranty documents — the warranty booklet defines coverage terms, claim procedures, exclusions, and any arbitration requirements that will determine your legal strategy.
Reviewed HOA documents if applicable — HOA may have separate maintenance obligations for certain plumbing systems, or may have authority to pursue builders on behalf of all homeowners simultaneously (class action-style warranty claims).
Water Meter Leak Test — Step by Step
Any meter movement with all water off confirms a hidden leak somewhere in your system. This is objective evidence the builder cannot dispute.
1
Turn off ALL water completely. Verify: all faucets off, dishwasher and washing machine not running, refrigerator ice maker off, irrigation system off, outdoor misters off. No exceptions — even a dripping faucet will give a false positive.
2
Locate and photograph your water meter. It's typically near the street in a utility box in the grass or sidewalk strip. Note the exact reading — all digits including the sweep hand — and photograph the low-flow indicator (the small triangle or star-shaped dial that moves first).
3
Do not use any water for exactly 2 hours. Set a timer. No toilet flushes, no ice dispensing, no brief handwashing. Alert all family members. 2 hours is long enough to confirm even a slow leak.
4
Return to the meter and photograph again. Document the new reading. Even 0.01 gallon of movement indicates a hidden leak somewhere in the system — supply lines, drain lines with a broken p-trap, or under the slab.
5
Any movement = hidden leak. Save both photos with their timestamps. This before/after documentation is objective, undeniable evidence for your warranty claim. Attach it directly to your FS 558 notice or builder complaint letter.
County Permit Records — Pull Inspection History
If a plumbing inspection was never conducted or was failed without correction — that is significant evidence of a construction defect in a FS 558 claim.
Planning & Development Services — permit records by address
FS 558 Notice Template Guidance
📋 Key Elements of a Proper FS 558 Notice of Claim
Your notice must be specific enough to identify each defect unambiguously. Vague notices can be challenged and may not fully preserve your rights for all defects.
Your full legal name and the property address (as it appears on the deed)
Description of each defect — be specific: "Sewer gas odor present in master bathroom and hallway consistent with improper vent installation, in violation of FL Building Code Plumbing Section 904.1" — not just "bad smell"
Location of each defect within the home (room, floor, specific fixture or line)
Date each defect was first noticed or discovered by the homeowner
Reference to attached documentation — photos, plumber's written report with license number, water meter test photos
Request for repair or appropriate remedy consistent with your warranty terms
Send to: builder's registered agent (sunbiz.org) via certified mail, return receipt requested — keep the green card
Example Specific Language: "The master bathroom shower drain emits hydrogen sulfide odor consistent with improper trap or vent installation in violation of FL FBC Plumbing Section 904.1. Defect first observed on [date]. See attached inspection report dated [date] by [name], FL License #[number], which identifies the specific code violation and estimates repair cost at $[amount]."
💼 Consider Having a FL Attorney Review Your FS 558 Notice
Construction defect attorneys in Florida frequently work on contingency (no upfront fee) and offer free initial consultations. Having a licensed FL attorney review your notice before sending ensures it meets all statutory requirements under FS 558.004, covers all applicable defects, and positions you optimally for the builder's response. Initial consultations are typically free — it costs nothing to get a professional review.
Get FS 558-Ready Documentation from a Licensed FL Plumber
Licensed FL plumbing contractors providing written defect inspection reports with FL Building Code citations, photo documentation, and repair estimates — everything you need for a builder warranty claim and FS 558 construction defect notice.
Request received! A licensed FL plumbing contractor will contact you to schedule your FS 558 defect documentation inspection.