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What are latent construction defects?

On Behalf of | Mar 19, 2021 | Business & Commercial Litigation

There are many construction projects taking place throughout Massachusetts. During a construction project, it’s important to make sure your building has no defects, but what if you don’t find out about any construction defects until years later? If this happens, you’re dealing with latent defects. Here’s a closer look at common types of latent construction defects.

Understanding latent construction defects

Latent defects are problems that arise long after a construction project completes. Most of the time, you won’t notice these problems until the liability period passes. These defects often rear their ugly heads years later.

What are examples of latent defects?

There are many types of latent defects, especially considering the vast scope of most construction projects. Unlike patent defects, which are easy for most people to detect, latent defects typically have to do with a building’s structural integrity. A few common examples of latent construction defects are:

  • Not installing wall ties or other important structurally related items
  • Utilizing materials that aren’t strong enough for their intended use
  • Poorly constructing a foundation that causes future sinking or rising issues

How latent defects complicate construction contracts

Most construction projects have a contract in place. This contract helps all parties involved should any unwanted situations arise. Unfortunately, latent defects can complicate contracts fast and turn into business law claims. In most cases, construction contracts don’t make references to latent defects. However, certain companies are combating this problem by offering latent defects insurance.

If you believe that you’re in a building with latent construction defects, it might be time to schedule a consultation with a construction law attorney. You may be able to receive the help you need in dealing with the aftermath of latent construction defects.