Construction Defects and Winter Weather: What Homeowners Should Know

4 min read time
Headshot of Headshot of Benjamin A. Webster, Business Litigation Attorney at Morgan and Morgan Reviewed by Benjamin A. Webster, Attorney at Morgan & Morgan, on November 24, 2025.
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When temperatures drop, snow piles up, and ice sets in, homeowners expect their homes to keep them warm, safe, and protected. 

But winter weather can do a lot more than just test your heating system. It can expose major construction defects that were hidden during warmer months. Problems that seemed minor in summer can suddenly turn into expensive repairs once freezing temperatures, heavy snowfall, or winter storms add pressure to your home’s structure.

If you’re discovering leaking roofs, cracking walls, drafts, or moisture issues this winter, you may be dealing with more than bad luck. You may be dealing with construction defects, and you may have legal options.

At Morgan & Morgan, we represent homeowners facing these exact situations. Here’s what you need to know.

 

Why Winter Weather Makes Construction Defects Worse

Construction defects don’t always show themselves right away. Winter weather, however, can highlight or aggravate issues that weren’t noticeable before. Some of the most common winter-triggered defects include:

 

1. Roof Leaks and Ice Dams

Improper roof installation, defective shingles, or poor flashing can lead to water intrusion. Ice dams, which form when snow melts unevenly due to poor insulation, force water under shingles and into your home.

 

2. Cracked Foundations or Basement Leaks

Cold temperatures cause soil to contract. Poor grading, defective concrete, or inadequate drainage systems may suddenly allow water to seep in or cause structural cracking under pressure.

 

3. Drafts and Heat Loss

If a builder cuts corners on insulation, windows, or sealing, winter will make it clear. Cold air infiltration can signal defective installation or substandard materials.

 

4. Siding and Stucco Failures

Moisture trapped behind improperly installed siding or stucco freezes and expands in winter, causing cracking, bulging, or rapid deterioration.

 

5. Plumbing Problems

Pipes that aren’t insulated correctly can freeze and burst, often due to improper installation or failure to meet building code requirements.

These are seasonal headaches, but they may also be signs of construction negligence.

 

What Exactly Is a Construction Defect?

A construction defect is any issue caused by:

  • Poor workmanship
  • Substandard materials
  • Failure to follow building codes
  • Design errors
  • Structural or engineering mistakes

A defect may affect the safety, function, or value of a home, whether it’s brand-new or recently renovated. Winter weather often reveals these problems, but it doesn’t cause them.

 

How to Spot Construction Defects During Winter

If something feels “off” in your home this winter, pay attention. Warning signs can include:

  • Persistent drafts or cold spots
  • Water stains on ceilings or walls
  • Cracks in drywall or foundation
  • Visible mold or mildew
  • Warped flooring or baseboards
  • Excessive heating bills
  • Strong temperature differences from room to room
  • New roofing or siding that suddenly shows damage

Document everything, including photos, dates, and where the issue occurs. These details matter for a claim.

 

Why Construction Defects Are More Than Just a Maintenance Issue

Builders and contractors have a responsibility to construct homes safely and according to industry standards. When they fail to do so, homeowners may face:

  • Expensive repairs
  • Loss of home value
  • Mold and health concerns
  • Structural instability
  • Higher utility bills
  • Temporary displacement

If a defect was caused by poor workmanship or code violations, the homeowner should not be the one paying for the consequences.

 

What to Do if Winter Weather Reveals a Defect

If you suspect a construction defect, here’s what to do:

1. Document the Problem

Take photos and videos of the damage, especially during or after a winter weather event.

2. Review Your Warranty or Builder Agreement

Many new homes come with warranties, but they often have strict time limits.

3. Avoid Making Major Repairs Immediately

Unless there’s an emergency, pause major repairs until the defect is evaluated—repairs can remove key evidence.

4. Contact a Construction Defect Attorney

These cases often involve builders, contractors, subcontractors, developers, insurers, and inspectors. A law firm like Morgan & Morgan can help identify who is responsible and fight to get the compensation you need.

 

What Compensation Can Homeowners Recover?

Depending on the situation, you may be entitled to compensation for:

  • Repair costs
  • Loss of property value
  • Temporary housing or relocation
  • Mold remediation
  • Damage to personal property
  • Increased utility bills
  • Structural evaluations and engineering reports
     

You shouldn’t be stuck footing the bill for someone else’s negligence.

 

Winter Weather May Have Revealed the Problem, but You Don’t Have to Face It Alone. Morgan & Morgan Can Help.

Winter serves as a stress test for your home. If this year’s storms, ice, or freezing temperatures have exposed issues that shouldn’t be there, it may be time to talk to a construction defect attorney.

At Morgan & Morgan, our construction defect attorneys investigate what went wrong, who is responsible, and how winter weather may have made the issue worse, but not caused it. We gather evidence, work with experts, and take on builders, developers, and insurance companies that try to avoid accountability.

With over $25 billion recovered for clients, our firm has the resources to take on even the largest construction companies. And because we work on a contingency fee, you pay nothing unless we win. That’s right—the Fee Is Free®, and you only pay if we get you compensated.

If your home is showing unexpected damage or serious problems this winter, Morgan & Morgan is here to help. Contact us today for a free case evaluation.

Disclaimer
This website is meant for general information and not legal advice.

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