Construction defects can take many different forms. Some defects are obvious immediately. For instance, perhaps the wrong materials were used for the flooring in a new home, or maybe certain systems do not work the way that they should, such as a faucet in the kitchen that doesn’t run or light switches that do not turn on.
But in other cases, the defects are not nearly as readily apparent. These are things that are hidden in the walls, in the attic or in other areas of the building. A home inspector may find such defects, or they may become apparent over time, but they are not clear and obvious immediately to the owner of the property.
The first category is known as patent defects – they can be identified instantly. The second category, when the issues are hidden, is known as latent defects.
How do they create complications?
Both types of defects can lead to litigation. Companies and property owners may disagree on what qualifies as a defect or who is responsible for the issue. A lot of money could be on the line, so both sides will be heavily invested in finding a solution.
But latent defects in particular can be problematic because this litigation may not start until months or even years after the project has been completed. This makes it much more difficult to determine when the issue first started, exactly who did the work, and who should be responsible for covering the costs. In these complex cases, it can help to work with an experienced law firm.
