Legal Question in Construction Law in Florida

Well, you have two separate issues. 1) the windows and 2) termite issues. Based on the fact you have stated you have condensation "in" the windows, I presume you have double pane glazing and the condensation is occurring between the two glazing panels. In such case, I would recommend starting with the window manufacture. Request they send a window representative from their company to look at the windows. If the windows are properly sealed, moisture should not be getting between the two glazing panels. Since the contractor is ultimately responsible to the construction of the entire home, I would recommend contacting them as well. They will try and tell you the home warranty is only for one year; but, under the premise of latent defect, you have up to 10 years to discover an issue that would not have been readily visible during a typical inspection. The window manufacture will typically have a longer warranty period.

In reference to your second item, the contractor only has to treat the soil prior to pouring the concrete slab. Termite issues 4 1/2 years later would not typically fall under the contractor's responsibility; unless, you can show the way they are entering the home is due to a design flaw or pour construction techniques.

Also some builders provide an additional home warranty that is purchased thru a third party. Be sure to check your contact with the builder if you are the original purchaser.