Construction defects often lead to conflicts and sometimes to litigation. A property owner may hire a contractor and then claim there are significant issues with the property after the project is completed. They may try to seek financial compensation since they paid for a project that is not up to the expected standards.
One important thing to note is that construction defects can typically be divided into two main categories. The first are known as patent defects, and the second are latent defects. Let’s break down how these are different to understand how they can affect the case.
Patent defects
If a defect is clear and obvious immediately, then it qualifies as a patent defect. For instance, the property owner may say that they wanted a certain style of siding put on their new home. When they arrive at the completed project, the wrong siding has been used. They know immediately that something is wrong, and it is clear and obvious to everyone involved.
Latent defects
A latent defect, on the other hand, often takes time to be discovered because it can be hidden or concealed. This does not mean it was hidden on purpose, but rather that it is simply not as obvious. Electrical lines that were poorly connected, for example, may work at first and fail in the first year or two that the homeowner occupied the premises. It takes time for the defect to be identified, which can sometimes complicate the court case, as it may not be as clear who bears responsibility.
Those who are navigating such complex disputes, especially when there are questions about liability, must understand their legal options.