All construction defects can lead to complicated disputes. A homeowner may immediately complain that things are not up to their expectations or that certain parts of the home are not well constructed. Maybe there are lights that don’t work or issues with leaking pipes.
Determining who is responsible can be a complex process. A contractor may be directly responsible, or a subcontractor may have worked on that part of the project. In some cases, it’s a material defect, such as a company that manufactured defective plumbing parts. They were installed correctly, but there are still issues.
When these defects are immediately noticeable—referred to as patent defects—then steps can be taken to rectify the situation, fix the issues and address any legal concerns. But there’s another category, known as latent defects, which can make things a bit more complicated.
What does latent mean?
In this context, a latent defect is simply one that is not immediately observable. It’s hidden. It could take months or even years to find the defect, at which point determining the responsible party can be complex.
For example, latent defects could be issues hidden in the walls, the ceiling and other enclosed spaces. A pipe that is slowly leaking in someone’s attic could cause extensive water damage over years or even decades, but they may not notice it nearly as soon as they would notice a pipe leaking in their kitchen.
Those who find themselves involved in construction defect disputes must know what legal steps to take. It can help to work with an experienced law firm at a time like this.
