Possible construction defect. Can the builder be made liable?

Question

One of my properties (in Palm Bay, Florida) recently encountered a leak which apparently occurred because the AC unit may not have installed properly. Unfortunately the leak was identified 2 weeks after the builder's 1 year bumper to bumper warranty expired. The leak damaged the flooring and fixing the issue may result up to $10K in expenses. The builder is unwilling to take the responsibilities of the damage as the warranty period has expired and mentioned that they obtained all approvals including 3rd party inspection before closing. I'm being suggested to use my insurance to get the repairs done.

Question: Do I have enough here to pursue a legal route?

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Here is the repair note: The air handler was in the opposite direction and the water fell from the condensate pan, which was removed and was placed correctly. The operation was checked and It was correct, they will have to cover the hole in the wall to dry the water that was on the floor.

Chris Seveney · Answer

@Sriram Hariharan

Unfortunately there is no recourse but still not understanding what caused the leak and why this hasn’t leaked prior ?

Nathan Gesner · Answer

Legally, the warranty expired and he has no obligation to repair. You can ask, but it sounds like he already answered.

I have to side with the contractor on this. It passed inspection and you didn't report any problems for a year.

Caroline Gerardo · Answer

Location- was it near coastal air? Installation where salt spray and fog increase condensation needs to be more thoughtful than evaporation in the desert.

Was there pvc to the exterior of unit or a drain in addition to the pan?

You will need to show gross negligence to even think about sending him a demand letter. His arguments: what did you do to regularly inspect, it's to code, the planning department inspected? Who inspected? The inspector will have a clause saying he's not responsible either.