When it comes to construction issues, some problems are immediately visible and impossible to ignore. A cracked foundation, sloped floors, or non-functioning light switches are all examples of obvious construction problems—issues that any homeowner or inspector can identify during a walk-through. These are called patent defects, and they’re generally easier to spot and address right away.
But not all problems reveal themselves so easily. Some lie hidden behind walls, beneath floors, or deep within structural systems—quietly growing worse over time. These less obvious issues are known as latent construction defects, and they can be far more difficult—and costly—to resolve.
Understanding Latent Defects
Latent construction defects are flaws in design, workmanship, or materials that are not immediately apparent or discoverable through a standard inspection. These issues may take months or even years to surface, often long after a building has passed final inspections and been occupied.
Examples of latent defects include:
- A slowly leaking pipe inside a wall that causes water damage over time.
- Improperly installed roofing that only reveals itself during a heavy storm.
- Faulty electrical wiring hidden behind drywall that poses a fire hazard.
- Foundation settling due to improper soil compaction that becomes noticeable years later.
Because these problems develop gradually or remain hidden until triggered by certain conditions, property owners often don’t realize anything is wrong until serious damage has already occurred.
Why Are Latent Defects So Challenging?
Unlike patent defects, which can be quickly spotted and reported, latent defects often come to light well after the original contractor, subcontractor, or builder has completed the job. By that time, the structure may have changed hands, records may be incomplete, and key individuals involved in the original construction may be unavailable.
This time delay raises several questions:
- Who is responsible for the damage?
- Did the defect exist from the beginning or develop later due to negligence or normal wear?
- Can the defect be traced to a specific contractor, engineer, or material supplier?
Proving liability in a latent defect case can be complicated and often requires expert testimony, forensic inspections, and detailed analysis of construction records and blueprints.
Legal Considerations for Latent Defects
Most states, including Florida, have specific laws that address the timeframe for pursuing legal action over latent defects. In many cases, a statute of repose or statute of limitations begins ticking from either the time the defect is discovered or from the date of substantial completion of the project. Navigating these timelines can be complex, and missing a deadline could result in losing the right to pursue a claim altogether.
If you discover a latent defect:
- Document everything. Take photos and notes about what you’re seeing and when you first noticed it.
- Avoid self-repair. Attempting to fix the problem without professional help could make it harder to prove the defect later.
- Consult legal counsel. A construction law attorney can help you understand your rights, identify the responsible parties, and determine the best course of action for recovery.
Final Thoughts
Latent construction defects are more than just inconvenient—they can pose real risks to a building’s structural integrity, occupant safety, and property value. Whether you’re a homeowner, a developer, or a contractor, understanding the nature of these hidden flaws is essential to protecting your interests.
If you suspect a latent construction defect, don’t delay. Early legal guidance can help you assess the situation, preserve evidence, and pursue compensation if warranted. At Lesak, Hamilton, Calhoun & Pontieri, our experienced construction litigation attorneys are here to help you navigate these complex challenges with confidence.