A patent construction defect is something that is relatively visible. It should be discovered during a reasonable inspection of the property.
For instance, a homeowner may hire a construction company to build them a house, and the plans call for 10-foot ceilings in the living room, making it feel like a large open space. But when the homeowner arrives to inspect the property, all of the ceilings are a standard 8 feet tall. They can tell right away that the design has not been correctly followed and that there are significant issues with the house.
What are hidden defects?
A hidden defect is usually known as a latent defect. It may not be obvious during a reasonable inspection, which can sometimes make things a bit more complicated.
For example, a homeowner may inspect the property and think that it generally looks like it is up to their specifications. But they may not notice significant issues with electrical lines, pipes or plumbing fixtures, simply because a lot of that work is hidden behind the walls.
Over time, as they start to have issues with leaks in the home or electrical systems that do not work correctly, the homeowner realizes that mistakes were made. But a latent defect can create a significant delay, often of months or even years, which can complicate the process of determining who was responsible for the defect.
Addressing defect claims
Both patent and latent defects can certainly lead to disputes and may even result in litigation. When this happens, the parties involved in the process need to know exactly what legal options they have and what steps to take as they seek a resolution.