When looking at construction disputes, many of them involve alleged defects. The dispute may center on who is responsible for rectifying the problem. Does the construction company have to fix the defect, or is the consumer responsible now that they own the property?
Defects can be split into several categories, and two of the main ones are latent defects and patent defects. It’s important to understand the difference because it can dramatically impact how potential litigation plays out if a defect claim is made.
Patent defects
A patent defect is something clear and obvious that is likely to be discovered almost immediately. For example, say a construction company builds a house and the waterlines don’t work. This is an obvious defect that the consumer didn’t anticipate. The dispute may then center on whether the construction company or a subcontractor is responsible for the mistake.
Latent defects
On the other hand, a latent defect tends to be hidden. This isn’t intentional but is just an inherent part of the issue. For instance, perhaps a construction company is accused of failing to install proper insulation in the walls. A consumer who purchased the building may not discover this defect for months or even years, as it isn’t readily obvious until they start noticing issues, such as excessive fuel consumption.
Why the type of defect matters
The type of defect can significantly impact the case because latent defects can be more complicated to address. It may have been years since the initial construction project. The company may claim that the issue isn’t a defect at all, but something that happened long after they finished working on the construction site. Proving liability can be challenging, even after the defect is discovered. Those involved need to know exactly what legal steps to take.
