Disputes over construction defects can be complex in any situation. There may be significant questions over who caused the defect and who is responsible. Was it the contractor, a material supplier, a manufacturer or even the property owner themselves?
But with many patent defects, there is at least some level of simplicity in the fact that the defect can be immediately identified. Patent defects are typically rather obvious issues that will quickly be found during an inspection. An example could be outlets that do not work, the wrong flooring materials used in a kitchen or leaking plumbing lines. It is clear that there is a problem right away, so steps can be taken to rectify it and determine who is responsible.
Latent defects are hidden
But there is an added layer of complication with latent defects, as these are generally hidden and harder to discover.
For instance, if a faucet is leaking and pouring water onto the kitchen counter, it is a patent defect because anyone who turns the faucet on knows that there is a problem. But if a pipe is leaking in someone’s attic or basement, they might not even notice the leak initially. They think everything is fine at first.
If that leak continues, it could cause significant problems, such as the development of mold or rot in the home. The pipe could leak for years, and the homeowner may not even know that there was an issue until their basement ceiling suddenly collapsed.
Because of the delay, sorting out the responsible parties can be very difficult. At times like this, it is crucial to work with an experienced law firm.