When construction companies, contractors and property owners get into disputes, they often revolve around defects. A homeowner may claim that there are clear defects that need to be rectified right away. A construction company may counter that there aren’t any defects, but that the property owner caused the issues or damage and is responsible for fixing it themselves.
When these disputes happen, there are two main categories for these defects, even though they can be much different in nature – electrical defects, roofing defects, etc. The two categories are patent and latent defects.
How are they different?
A patent defect will probably lead to a dispute relatively quickly, as it is something fairly obvious that the homeowner will notice right away. Maybe the construction company used the wrong materials or didn’t hook up the electrical lines properly. Maybe the pipes are already leaking or there are missing components, like light fixtures or handrails.
A latent defect, on the other hand, is hidden from immediate view. The homeowner may not even know about it right away. An example could be if the company forgot to put insulation in the attic. The homeowner just assumes the job was done correctly until their utility bills seem too high and they check the attic. That could happen months or years after they take possession of the property.
A legal dispute
The type of defect is going to have a major impact on how the legal dispute plays out, impacting what evidence is necessary and who may be liable for damage to the home. It’s important for all involved to understand the various types of defects and their legal options.