Latent & Patent Defects

Latent and Patent Defects

Latent and patent defects can give rise to significant legal and commercial issues in construction projects, both during the defects period and long completion. Whether the issue is a hidden defect that only becomes apparent over time or a visible defect that should have been identified earlier, disputes over responsibility, remedial works and cost can quickly become complex.

At Anderson Strathern, we advise clients across the construction industry on claims and disputes involving latent defects and patent defects. We support employers, developers, contractors, sub-contractors, consultants and other parties dealing with poor workmanship, defective design and wider issues affecting completed works.

The difference between latent defects and patent defects

A latent defect is a defect that is hidden and not apparent on reasonable inspection at the time the works are completed. Latent defects are hidden issues that may only come to light later, sometimes after a long period of use, when damage, failure or performance concerns emerge.

A patent defect, by contrast, is a visible or identifiable defect that can be discovered through inspection around the time of completion. The distinction between latent defect and patent defect can be important when assessing liability, contractual obligations, available remedies and the practical steps that should have been taken at the relevant time.

Understanding whether a defect is latent or patent is often a key first step in evaluating a potential claim. The next issue that usually arises is whether the right to bring the claim for rectification has expired due the passage of time (prescription). It is therefore imperative that parties take legal advice as soon as possible following discovery or patent or latent defects.

Our expertise in latent and patent defect disputes

Our team advises on a wide range of issues involving latent defects and patent defects, including:

• claims arising from poor workmanship
• prescription, limitation and contractual time-bar issues
• defects linked to design, specification or materials
• structural issues, water ingress and building performance failures
• disputes over remedial works and who should cover the cost
• claims involving contractors, consultants, developers and other project parties
• issues arising under building contracts, appointments, warranties and related documents
• long term claims where hidden defects emerge after completion
• disputes involving defect liability provisions and designated defects under project documents

We understand that disputes involving latent defects and patent defects often require careful legal and technical analysis. In many cases, the issues are not limited to the defect itself, but extend to who identified it, when it should have been identified and what obligations arose as a result.

A practical approach to defects in construction projects

Defect claims can be particularly challenging because they often emerge after the project has moved on and responsibility may be disputed between multiple parties. Early investigation is important to establish the nature of the defect, its likely cause and the contractual position.

We help clients assess the available evidence, review the relevant terms, identify the parties who may be responsible and decide on the most effective route forward. In some cases, the immediate priority is to secure remedial works and reduce ongoing loss. In others, the focus is on recovering losses or defending claims connected to the alleged defect.

Our advice is commercially grounded and tailored to the realities of the construction industry, including the need to deal with technical evidence, project records and long-term exposure.

Why choose Anderson Strathern

Clients choose Anderson Strathern because we combine strong disputes expertise with a practical understanding of the construction industry and the issues that can arise after completion. We know that claims involving latent defects and patent defects are rarely straightforward and often require a clear strategy from the outset.

Our team provides legal advice that is commercially focused, technically informed and tailored to the circumstances of the project. We work closely with clients to understand the defect, the contractual framework and the wider objectives so that the chosen approach is both robust and proportionate.

How we can help

If you are dealing with latent defects, a patent defect or a wider dispute concerning completed works, our team can help. We advise on the legal and practical issues arising from defects in construction projects, including responsibility, recovery options and dispute resolution strategy.

Contact us on 0131 270 7700, visit our offices in Edinburgh, Glasgow, East Lothian, Shetland or Orkney, or fill in our enquiry form to request a call back.