Useful Resources

Latent and patent defects

What is a latent defect?

Basically a latent defect is one which is a hidden or yet untriggered defect in a product, premises, or title to real property that cannot be discovered by observation or a reasonably careful inspection.

Contracts go some ways toward expanding and limiting that definition however.

What is a Patent defect?

Essentially patent defects are defects which can be discovered by reasonable inspection.

The definitions are different in different areas such as property and construction.

In both cases, your rights will be determined by your contract, or if there isn’t one, by the common law.

Latent defects can be outside the foreseeable issues and beyond what a person with the requisite skill or experience may have noticed.

Latent defects can really affect your budget or entitlements, sometimes you can be blamed for them too!

Patent defects on the other hand, are also troublesome. Your rights are much more likely to be covered by legislative protections such as the Australian Consumer Law or the Queensland Building Construction Commission Act (QLD) 1991, and other Acts.

What now?

If this sounds like you issue, call me now. I have 30 years experience with latent and patent defects spanning time on the tools, through to business ownership and construction management. Add to that the times I’ve assisted clients as well as a lawyer.