Disputes over construction defects can become very complicated. A homeowner may claim there is a defect while the construction company or general contractor says nothing is wrong with the property. In other cases, a general contractor may blame subcontractors or parts and materials manufacturers for the defects. It is very important to sort through all the details.
Generally speaking, construction defects can be categorized in two different ways. First, there are patent defects, which are visible and will often show up during a standard home inspection. An example of this could be if the contractor installed the wrong cabinets or the wrong flooring, which is something that the homeowner is likely to notice right away.
Hidden defects
The second category is defects that are hidden or not readily visible, and they are called latent defects. An example of this could be if there are problems with electrical circuits or plumbing lines. These are hidden inside of the home’s walls, so it can take time for anyone to realize that there is a significant problem.
One of the issues with latent defects is that there can be a major delay in reporting the issue. A homeowner may initially think that the house is up to their standards and seems to be in good condition. A few years later, they may discover what they believe is a defect.
However, the construction company may counter that everything was done correctly when they worked on the project and that the homeowner has caused the defect themselves. Other changes to the property, such as updates or remodeling, created the defect after the construction company was done with the project.
This can create significant questions about liability and responsibility for these defects, so it is important for those involved to understand their legal options.
