Many construction defects can fit into one of two categories. Some defects are immediately discoverable, such as during a home inspection. An example could be if a builder uses the wrong materials or makes clear mistakes so that doors and windows do not function as intended. As soon as the property owner enters the building, they will be able to quickly identify these defects, and they are known as patent defects.
The second category is known as latent defects, and these are things that tend to be hidden or at least harder to discover.
This does not mean that they were hidden intentionally, but just that the nature of the defect means it is not as readily obvious. An example could be electrical issues or plumbing issues, which tend to be hidden within the walls of a building. During an initial inspection, it may appear that everything functions correctly, but there may really be shorts in the electrical line that could lead to a fire or leaks from plumbing lines that could cause rot, mold and decay over time.
When is the defect discovered?
On one hand, these cases can often be complex simply because it is harder for the property owner to identify the defect in the first place. They may not even know that they need to take action or that anything is wrong with the property.
The cases can become even more complex because there may be a significant delay before those defects are discovered. This could call into question who is really responsible.
Say that a homeowner discovers problems with their roof five years after moving into the property. Have they had any renovations done? Have they hired other contractors or handymen? Have they had gutters installed, or have other roofers worked on the project? With such a significant delay, the contractor who originally did the job may have serious questions about whether or not they are actually liable for the issues with the roof.
This helps to demonstrate exactly how construction defects can occur and why they may be complicated to solve. When facing such complex cases, it can be helpful to work with an experienced law firm.