Latent defects are defects that are not immediately detectable upon inspection and such defects are sometimes only discovered after the six-year limitation period has passed. … 29 of the Limitation Act 1953, only recognizes postponement of the limitation period in cases of fraud, concealment or mistake.
What is considered latent defect?
A hidden or concealed defect; one which could not be discovered by reasonable and customary observation or inspection.
How long is a latent defect?
The provisions of the Latent Damage Act 1986 Section 1 (by way of a new Section 14A to the Limitation Act) provides a limitation period for negligence of 3 years from the first knowledge of the cause of action and (by way of a new section 14B to the Limitation Act) an overriding 15 year long-stop from the act of …
What is the best description of a latent defect?
A latent defect, also referred to as an inherent defect, is damage to real estate property or a construction project that is not apparent upon initial inspection and is discovered when the property or project is turned over to new owners.
What are examples of latent defects?
Examples of material latent defects include:
- Foundation instabilities or cracks.
- Leaks in the ceiling or roof.
- Plumbing issues (i.e. water leakage in basement)
- Toxic conditions, such as the presence of lead, mold, radon or asbestos.
- Faulty electrical wiring.
How do you prove latent defects?
Proving knowledge of latent defects in a newly purchased home
- That they or a representative made a material representation.
- The buyer’s representation was recklessly made or purposefully false.
- They acted in a way that induced the property sale.
Are latent defects covered by warranty?
Latent defects and any physical damage or loss arising out of or caused by latent defects are covered only if there are no warranties, guarantees or other insurance covering the latent defect or such damages or losses.
Can you sue for latent defect?
In Common Law, there is no automatic right for a buyer to claim against a seller for such latent defects when they are discovered, absent an agreement in contract.
How can latent defects be prevented?
Most latent defects appear only during the occupancy stage and getting access into occupied buildings to acquire information on these defects can be difficult. Design deficiencies are major contributors to la- tent defects and such deficiencies can only be prevented by im- proving design (Low and Chong, 2004).
Who is liable for latent defects?
In some cases, however, a hidden defect may be discovered after the product is sold. In these cases, the latent defects that are discovered after the product is sold are not the responsibility of the buyer. However, these defects are the responsibility of the seller or manufacturer.
Who is liable for inherent defects?
Liability for inherent defects depends on the tenant’s repairing covenant in the lease. The onus is on the tenant to make sure that the repairing covenant in the lease excludes liability for inherent defects as far as possible.
Who is responsible for construction defects?
As a general principle, an architect or engineer is usually responsible for defects in the design of a construction project.