All alleged construction defects can be complicated, even when they are obvious. A patent defect is something that a client will notice right away, for example. Maybe they walk into a new construction project and note that the wrong flooring has been used in the entire building.
This can lead to disputes. A general contractor may claim that they were just following instructions from the client, who picked out the flooring and explicitly told them to use it. The client may deny this, and a lack of documentation could cause all sorts of issues. But in many ways, a latent defect — one that is hidden — can be much more complex.
Who was responsible?
The complexities arise over disagreements regarding who is responsible for the defect. Since latent defects are hidden, they may not be discovered for years.
An example of this could be a slow leak in plumbing lines that were installed in a house. Because the plumbing is leaking, it is slowly leading to rot, decay and perhaps even mold within the walls. Once this is discovered, it can be very expensive to fix.
But if the leak is not found for years, who really made the mistake? Has the homeowner hired any other plumbers to work on the house in the meantime? Have they tried to do renovations or updates on their own? They may argue that the construction company is responsible because they built the house, but the construction company may counter by saying that the plumbing lines worked perfectly when they were done with the job years before.
The time delay complicates the gathering of evidence and makes it hard to pinpoint who is responsible. When these cases get complex, parties who are involved must understand all of their legal options.
