Practice Areas

Latent And Patent Construction Defects

A construction defect is when there is a condition or problem in the home that causes it to be reduced in value. In this article we will discuss the two types of construction defects, latent and patent. When dealing with construction defects, it’s always recommended that contractors seek the advice of their Orlando construction lawyers.

Patent Construction Defects

Patent construction defects are completely visible to the naked eye. An example of a patent construction defect would be a faulty pipe that causes water seepage, and the water stains are visible on the walls.

Latent Construction Defects

On the other hand, there are sometimes construction defects that are not visible, such as latent construction defects. These defects can actually go undetected for years, causing severe damage when finally making themselves known.

What Causes Patent and Latent Construction Defects?

As Orlando construction attorneys, we are aware that there are many different factors that can cause a patent or latent construction defect. There might just be one factor involved in the defect, or it could be several factors. Some of the more common factors we’ve seen are:

  • Improper site preparation
  • Poor quality workmanship
  • Negligence from the contractor or subcontractor(s)
  • Defective equipment
  • Defective materials
  • Poor quality site selection

Common Types of Latent and Patent Construction Defects

We know that there are a more than a few construction defects that we see regularly in the construction industry:

  • Water/plumbing issues
  • Water and plumbing issues
  • Electrical systems issues
  • Mold/dry rot
  • Landscaping/soil issues
  • Drainage issues
  • Heating/electrical issues
  • Foundation issues (i.e., wall, roof, and floor cracks)

Can Patent and Latent Construction Defects Be Proved in Court?

Generally speaking, if there is a testimony from an expert that specializes in the specific area of construction where there is a patent or latent construction defect, then yes, it can be proved in court. To do so, the expert is required to investigate the patent or latent construction defect and make suggestions on how they can be fixed.

To schedule a consultation with one of our experienced Orlando construction lawyers, please call us today at 407.378.6575 or submit our consultation request form.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

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