A patent construction defect is something that a person will quickly notice once they enter the property, and it will be fairly obvious. It’s something that they can identify without much trouble. For instance, if electrical wires weren’t run properly, the owner of a new building may find that some of the outlets or lighting systems simply don’t work. As soon as they try to use those systems, they know there’s a defect and take steps to rectify it.
A latent defect, on the other hand, can certainly make things more complex because it tends to be hidden. It’s not necessarily obvious to the property owner, and it may not be obvious for quite some time. These hidden defects often go undetected for months or even years before someone realizes that there’s a problem.
How are these defects hidden?
With many construction projects, a lot of the work ends up being hidden. Drywall covers the studs, the electrical lines, the outlet boxes, the pipes for plumbing lines, the ductwork between cold air returns and vents and much more.
This means that everything in the walls, the floor, or even the ceiling could potentially contain hidden defects. Maybe the ductwork hasn’t been properly connected, so the heating and cooling doesn’t work on the second floor of the building. Perhaps the plumbing lines do work, but one of the pipe fittings is slowly leaking, causing mildew, black mold and rot within the walls.
Because the issues are hidden, the property owner doesn’t notice them right away, and it can be more complicated to explore legal options, as both parties may not agree on who is responsible for the defect or how it occurred. At a time like this, it can be very helpful to work with an experienced law firm.
