Construction defects are imperfections or failures in a building’s design, materials, or construction quality that result in unsafe conditions, financial losses, and legal disputes. Defects can arise at any stage of the construction process and may involve issues with the building’s structure, systems, or finishes.
In general, construction defects fall into three main categories:
- Design defects – problems with the plans and specifications
- Material defects – use of substandard or improper building products and materials
- Workmanship defects – faulty installation or poor-quality construction
Additionally, construction defects can be classified as either patent defects, which are obvious and readily observable, or latent defects, which are hidden problems that may not appear until years after construction is complete. Understanding the distinctions between these types of defects is critical for owners, designers, and contractors to identify risks, mitigate damages, and resolve disputes. Let’s take a closer look at each of these major types of construction defects.
What is a Patent Defect in Construction?
A patent defect is a construction flaw that is plainly visible or can be discovered upon reasonable inspection. These defects are often readily apparent to the owner and should be identified and addressed promptly by the contractor during an initial warranty period, typically lasting one year post-construction.
Common examples of patent defects include:
- Cracks in concrete foundations, walls, or slabs
- Uneven floors or unlevel surfaces
- Visible leaks in roofing, windows, or plumbing
- Improper drainage and site grading
- Obvious violations of building codes and regulations
- Unsightly gaps or misalignments in finishes
- Malfunctioning doors, windows, or hardware
- Inadequate ventilation or air circulation
Patent defects can range from minor cosmetic issues to major safety hazards. Regardless of severity, the contractor is generally obligated to repair patent defects at their own expense during the warranty period. Owners should conduct a thorough walk-through and document any observable defects in writing prior to taking occupancy and follow up with the contractor to ensure repairs are made in a timely manner.
Failure to identify and address patent defects promptly can lead to further deterioration, additional damages, and costly repairs down the road. In some cases, patent defects may also be an indication of more serious underlying latent defects that require further investigation.
What are Latent Defects in Construction?
Latent defects are hidden flaws that are not discoverable through a reasonably diligent inspection during construction or the warranty period. These defects may take years to manifest and can lead to serious issues such as structural failures, health hazards, and significant property damage.
Common examples of latent defects include:
- Structural failures due to design flaws or substandard materials
- Foundation settlement, erosion or sinkholes from improper soil preparation
- Water intrusion and mold growth caused by improperly installed weather barriers, waterproofing, or insufficient ventilation
- Faulty or inadequate wiring, plumbing and mechanical systems
- Inferior or defective construction materials that deteriorate prematurely
- Non-compliance with fire safety codes and regulations
- Soil contamination or hazardous materials used in construction
- Inadequate sound insulation or noise transmission between units
- Poor indoor air quality due to insufficient ventilation or off-gassing materials
By their very nature, latent defects are challenging to detect and often require invasive testing, removal of finishes, or even destructive investigation to diagnose root causes. Latent defects can be costly to repair and may pose significant health and safety risks to occupants.
Owners who suspect latent defects should document any signs of problems, notify the contractor, and consult with legal counsel and expert consultants to investigate further and preserve their rights to make a claim.
Other Common Types of Construction Defects
Beyond the patent versus latent distinction, construction defects are also commonly categorized based on their underlying cause:
Design Defects
Design defects arise from errors, omissions or deficiencies in the project’s architectural plans and engineering specifications. These flaws in the design can result in a building that is structurally unsound, functionally deficient, or fails to meet performance expectations.
Common examples of design defects include:
- Insufficient structural supports and load-bearing capacities
- Non-compliance with building codes and accessibility standards
- Inadequate drainage, waterproofing and flashing details
- Inappropriate selection of materials for the intended use and environment
- Errors in mechanical, electrical and plumbing system designs
- Lack of coordination between architectural/engineering plans and contractors
- Failure to account for site-specific soil and geological conditions
- Inadequate specifications for thermal and moisture protection
- Insufficient provision for fire safety and emergency egress
Design defects are often the most challenging and expensive to correct, as they may require significant re-engineering, retrofitting or reconstruction. Liability for design defects often lies with contractors if they deviate from the plans or fail to report design issues.
Material Defects
Material defects arise from the use of inferior, defective, or improper building products and materials. These defects can compromise the building’s structural integrity, durability, and performance over time.
Common examples of material defects include:
- Substandard concrete mixes that fail to meet strength and durability requirements
- Undersized or defective framing lumber
- Inferior drywall, insulation and finish materials
- Improperly manufactured or installed windows and doors that leak
- Defective roofing membranes and flashing that fail prematurely
- Inferior mechanical and electrical equipment and components
- Substandard plumbing fixtures and piping prone to leaks
- Hazardous materials like asbestos, lead or toxic chemicals
- Non-compliant fire-rated assemblies and materials
Responsibility for material defects may lie with the manufacturer, supplier, contractor or subcontractors, depending on the nature and cause of the defect. Owners should retain defective materials as evidence and consult with experts to determine the scope of damages and appropriate remedies.
Workmanship Defects
Workmanship defects result from poor quality installation, inferior construction practices, and failure to follow manufacturers’ instructions or industry standards. These defects are often the result of cutting corners, using unskilled labor, or inadequate supervision on the job site.
Common examples of workmanship defects include:
- Improperly installed roofing, flashing, and waterproofing that allows water intrusion
- Poorly installed windows and doors that leak air and water
- Inadequate or missing sealants and weather stripping
- Drywall and plaster cracks due to improper framing or finishing
- Uneven tile and hardwood flooring due to improper substrates or installation
- Plumbing leaks and improper pipe fittings and connections
- Inadequate insulation and air sealing leading to energy loss and moisture problems
- Electrical hazards due to improper wiring and grounding
- Improperly installed HVAC ductwork and equipment leading to poor performance
- Stucco and siding cracks and de-lamination due to improper lath and fastening
Workmanship defects are typically the responsibility of the contractor and their subcontractors to correct. However, workmanship issues can also arise from design deficiencies or material defects that make proper installation challenging or infeasible.
The Bottom Line on Construction Defects
Construction defects are an unfortunate reality that can have significant financial, legal and emotional consequences for all project participants. Whether patent or latent, design or workmanship related, defects can compromise a building’s safety, functionality and value.
Identifying and addressing defects promptly is key to mitigating damages and avoiding costly disputes. Owners should be proactive in monitoring construction quality, conducting inspections, and documenting any issues that arise. Contractors should have rigorous quality control procedures, use qualified subcontractors, and promptly correct any deficiencies.
At Construction Experts, we have years of construction experience and a history of providing expert witness services for construction defect cases in Utah, Idaho and Wyoming. Contact us today to discuss how we can assist with your construction defect issue. Contact us today to discuss how we can assist with your construction defect issue.
The information provided or expressed at, or through, this site is that of the individual author who is not an attorney or legal expert, and does not, and is not intended to, constitute legal advice. Such information should not be used as, or be a substitute for, legal or other professional advice or recommendations. All information, content, and materials available on this site are for general informational purposes only, and use or reliance on such information is entirely at the risk of the user of such information. If you require legal advice or other professional assistance, you should consult licensed attorneys and other professional advisors in the relevant jurisdiction with respect to any particular legal matter and before making any important personal or professional decisions.
