There are many types of construction defect claims (i.e., subsurface defects, design defects, product and material defects, basic construction defects quality of workmanship, etc.). However, all construction defect claims are also either patent or latent in nature. It is important to understand the distinction between patent and latent defects.
When the defect is discovered
The big difference here is the timing of when the defect is discovered, which usually plays a significant role in how easy it is to determine who was at fault.
With a patent defect, the issue is something that a person can notice easily, and even immediately. This could be a workmanship defect. Perhaps the client has purchased a new-build residential property, but some of the plumbing systems or lighting systems simply don’t work. They know about it as soon as they move into the house and start a defect claim to get things fixed.
The second category, latent defects, are those that are hidden. This is where things can get a lot more complicated because there could be a delay of months or even years before the client finds the alleged defect. Issues are often hidden in the floors, in the walls, in the attic or in other areas of the home that people don’t access frequently.
This can sometimes lead to disputes because the client may claim that there’s a hidden defect they have found, while the construction company claims that there wasn’t any problem when they finished the job—and that the client has perhaps caused the damage on their own since taking possession of the home.
Because these disputes can be so complex, it’s crucial for all involved to understand exactly what legal steps to take.
