Construction disputes often revolve around allegations of defects in a completed project. Determining liability for these defects, if they exist, is important, especially when multiple parties worked on the project simultaneously. A general contractor may have hired numerous subcontractors, for instance, and purchased parts or materials from manufacturers and suppliers.
One thing that can complicate the process is when it is a latent defect. This means that the defect is hidden and would not always be immediately obvious upon inspection of the property. This can delay when the defect is discovered, which can sometimes make it a bit more difficult to determine liability.
When did the defect occur?
For instance, if someone inspects their new property and finds cracks in the foundation or the walls, it is instantly obvious that there are structural defects that need to be addressed. They know this on Day One, and repairs can begin.
But with a latent defect, it may not even be clear that anything is wrong with the property at all. Say that it takes a homeowner 12 months to discover that there is leaking in their new roof. They thought everything was fine during the initial inspection, but there were hidden, underlying issues that only became clear over time.
This can raise numerous questions. Was the defect present when the contractor finished the project? Has the homeowner done any work on their roof themselves? Have they hired other subcontractors or local repair companies? When did the issue actually start?
Because these cases get complicated, it can help to work with an experienced construction defect attorney when navigating such a dispute.
