Construction defects can roughly be fit into two main categories. First, there are patent defects, which are things that are immediately noticeable and will be discovered almost instantly by a home inspector or even the property owner. An example of this could be if someone moves into their new house and finds that the wrong flooring has been installed or that the lights do not work.
The second category is latent defects, which are hidden. This means they can often take a lot longer to be discovered. An example of a latent defect could be a slow leak in the roof because shingles were installed incorrectly. This can make things much more complicated.
Who was responsible?
Often, the delay in discovering the defect can raise questions about who was actually responsible. Why does the house not adhere to the standards that the homeowner expected?
For example, perhaps it takes a few years for the leak in the roof to cause notable damage inside the home. This could include the development of black mold, rot and decay, discoloration on ceilings and walls, issues with electrical systems and much more.
With a patent defect, the homeowner just points out the issues to the contractor right away so they can be addressed. But with a latent defect, the contractor may claim that they are not responsible. For instance, they may say that they installed the roof correctly, but subsequent work done by other contractors or handymen must have caused damage. Or they may allege that it is just natural damage, perhaps from a windstorm or a hailstorm.
These complexities can make it a bit more difficult to hold contractors responsible for defects, so homeowners who are working through this process must be well aware of all of their legal options.
