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In construction contracting, a latent defect is defined as a defect which exists at the time of acceptance but cannot be discovered by a reasonable inspection. [2]In the 1864 US case of Dermott v Jones, the latent defect lay in the soil on which a property had been built, giving rise to problems which subsequently made the house "uninhabitable and dangerous".
Such a defect is latent when it is one which is not visible or discoverable upon an inspection of the res vendita." [3] The court held on the evidence that Holmdene's bricks did indeed contain a latent defect, and that the demolition of the walls was a natural and foreseeable consequence of this breach.
That cannot be right. Each must be under the same duty *394 of care and to the same persons. If a visitor is injured by the negligent construction, the injured person is entitled to sue the builder, alleging that he built the house negligently. The builder cannot defend himself by saying: "True I was the builder; but I was the owner as well.
They may be "patent defects", observable in practice during or on completion of the construction process, or "latent defects", which are not visible or identifiable until a later date. [ 7 ] Under common law , a defect which results from the contractor's breach of contract should be put right by the client, who then sues the contractor for the ...
Specialising increasingly in construction, he worked on many key construction issues including the Thames Barrier, the demolition of post-war high rise buildings and a landmark case on latent defects which arose in the construction of factory chimneys.
Incoming president Donald Trump may seem like a climate change abettor. He thinks global warming is a hoax and wants to undo many of President Biden’s green energy projects.Trump has nominated ...
Purchases three or four times a month had happened for three or so years, and each time, a sold note followed, which said the buyer took responsibility for any latent defects. The buyers had never read the note.
Construction work to replace the bollards didn't begin until November 2024, five years after the report that recommended they be fixed immediately.