What Is a Latent Construction Defect
A Latent Defect Exists at the Time of Construction but Is Undetected Until After (Sometimes Year's After) Construction Is Completed and the Structure and Its...
A latent defect exists at the time of construction but is undetected until after (sometimes years after) construction is completed and the structure and its systems are in use. An example would be a structural beam that meets the specified size, color and grade requirements, but is understrength.
How long can you have a latent defect?
When the Latent Damage Act 1986 was introduced, many thought it was a sensible compromise between the need for a long-stop date and the need to protect those unaware of a latent defect. In essence it gives a claimant three years from the date when he knew or should have known of a problem to issue proceedings.
Can you sue for latent defect?
In a latent defect case, they will seldomly have liability. Contractors – They will usually be sued by way of crossclaim. This typically occurs where the seller has hired a contractor to fix a latent defect and they failed to do so. The purchaser then sues the vendor and the vendor sues the contractor.
Alexander Ross has covered the video game industry for a decade, writing deep dives on game design, esports tournaments, VR developments, and gaming culture.
