Construction defects often lead to disputes. The dispute could revolve around who is liable for the defect and what steps need to be taken to rectify it. In other cases, one party will claim there is a defect and the other will claim that nothing is wrong with the project, so the dispute simply centers around determining if further action needs to be taken at all.
There are two main types of defects, which are known as patent and latent defects. The type of defect can have a significant impact on the nature of the dispute.
Patent defects
A patent defect often involves issues like poor workmanship or the use of incorrect materials. It could also involve construction plans or designs not being followed appropriately.
The key is that these defects are typically fairly obvious. As soon as someone sees the property, they can tell that there is an issue that needs to be resolved. It gets addressed almost immediately.
Latent defects
What makes a latent defect different is that it is typically hidden. This does not mean that one party has hidden it intentionally, but simply that the nature of the defect means it is less obvious.
This is common in construction projects because so much of the work is not visible to the naked eye. Electrical lines, HVAC systems and plumbing pipes are all hidden within the walls. Defects may become clear over time, but they are not immediately obvious when someone walks through the property.
Resolving a dispute
In either of these cases, disputes can be legally complicated and may involve large sums of money. It is important for those involved to understand what steps to take.
