Florida’s heavy rains, tropical storms, and high water tables make proper grading necessary. The slope and shape of the land around a home or building must direct water away from the structure. A builder failing to grade the property correctly can lead to devastating results, such as standing water, foundation damage, mold, and significant repair bills. Household flooding or drainage problems may indicate a grading defect.

At Herman & Wells, our construction defect lawyers help homeowners, HOAs, and condominium associations uncover grading issues in Florida and hold the responsible parties accountable. Our legal team works closely with engineering experts to identify construction mistakes and help you recover the compensation needed to make things right.

What Are Grading Issues and Why Do They Matter?

Grading refers to how land is shaped or sloped to manage water flow around a structure. When done correctly, it moves rainwater and runoff away from the foundation and into designated drainage systems. When done incorrectly, water may pool near or against a building—causing damage over time.

Common signs of grading defects in Florida include:

  •         Water collecting near the foundation after rain
  •         Pooling water in yards, patios, or entryways
  •         Mold or mildew inside the walls
  •         Water entering basements, crawl spaces, or garages
  •         Cracked driveways or shifting concrete slabs
  •         Musty smells or high indoor humidity

Grading issues have several causes, including poor initial planning, failure to follow code, or changes made during or after construction. Often, contractors simply fail to take Florida’s climate into account—resulting in drainage systems that are overwhelmed during the rainy season.

Noticing water intrusion, standing water, or unexplained moisture damage? Then you should get the grading around your property evaluated immediately–a properly graded lot is the foundation for long-term stability and safety.

How Grading Defects Affect Property Owners

When an improper slope means that water does not drain correctly away from the home, the damage can be both widespread and expensive. Florida’s high humidity and intense rainfall make moisture problems worse—leading to mold growth, wood rot, foundation cracks, and even damage to mechanical systems.

Beyond the structural impact, grading issues may also:

  •         Lower your property value
  •         Affect the resale of your home or unit
  •         Increase insurance claims and rates
  •         Create ongoing repair and maintenance costs

Grading issues can also result in code violations or legal disputes within communities because poor drainage can affect neighboring units or common areas. These problems often appear in new developments, where construction may have been rushed or inspection standards overlooked.

At Herman & Wells, we work with property owners and board members who are discovering these problems months—or even years—after a project was completed. If improper grading is causing water to damage your property in Florida, you may have the right to pursue a construction defect claim.

Florida Law and Your Rights

In Florida, property owners have the right to expect that new construction will meet professional standards. If a grading issue stems from poor design, negligent construction, or failure to follow drainage plans, you may hold the builder or contractor responsible.

Under Florida Statutes § 95.11, the statute of limitations for construction defect claims is generally four years from the time the defect was discovered—or reasonably should have been discovered. In some cases, the time limit may be extended if the defect was hidden or not immediately apparent.

Our legal team will help you understand whether your grading issue qualifies as a construction defect—and what steps can be taken to recover the costs of correcting the problem.

Protect Your Florida Property by Tackling Grading Issues Today

If you suspect your property’s water problems stem from improper grading, it is time to get answers. Grading issues in Florida are more than an inconvenience—they are a serious threat to your property’s value, safety, and long-term durability.

Connect with the team at Herman & Wells and begin protecting your investment today.