Patent construction defects are fairly obvious from the very beginning, which can make for a straightforward case if there is a dispute. A homeowner may enter their new property and realize that the construction company put in the wrong type of flooring material, for example. They instantly know there is a problem with how the job was done and they understand who is responsible.
But latent construction defects often take time to discover because they are hidden, or at least less obvious than patent defects. This can often complicate the case in a number of ways, making it more difficult to determine who was responsible.
When did the defect begin?
For one thing, there may be questions over when the defect was actually created. Say that a homeowner discovers that pipes in their basement have been leaking, causing serious water damage and the development of rot or mold. But it is a slow leak, so it may have taken years for them to even find the issue.
Were the pipes installed correctly and then damaged after the fact? Has the homeowner done any personal renovations? Have they hired other contractors, such as a local plumbing company, that could have caused the damage? Or was there an inherent defect from the time that the house was initially built?
It is easy to see from the water damage that there is clearly an issue with the property that has had an impact on its value. It will also be expensive to fix. But determining exactly who is responsible for that damage can be much more complicated in these cases, which often begin years after the initial construction work has been completed.
Because of these complexities and the questions involved, it is very important for all parties to understand exactly what legal steps to take.
