What constitutes a case of a latent construction defect?
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What constitutes a case of a latent construction defect?
We purchased our house 19 months ago. We had flaking travertine tiles in the shower. We decided to replace them and found that the pipes were drilled into at time of construction (6 years ago). Should the builder be responsible?
Asked on August 7, 2011 Florida
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
In construction law, a "latent construction defect" is a term used to describe a problem with construction which is "hidden" or not readily apparent for discovery as opposed to a "patent construction defect" which is readily visible or apparent.
In your situation, if you discovered that the flaking tiles in the shower were the result of the home's original faulty constrution where the water pipes were improperly drilled into six years ago when the home was built, you have a "latent construction defect" requiring repair.
The general contractor for the home, the developer, and the sub-contractor (assuming there was one) are responsible for the repairs.
There are various statute of limitations in various states for "latent construction defects". In California, the maximum time to bring suit is 10 years after the notice of completion is filed with the appropriate building department.
You should immediately contact a construction lawyer about your situation. Good luck.
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