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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".
Decennial liability insurance or "Inherent Defect Insurance" is insurance that is taken out (by the contractor or principal) to cover costs associated with the potential collapse of a building after completion. The name derives from the fact that it covers the 10 year period (decade) after completion of the project. [1]
The concept and practice of performing a DFMEA, has been around in some form since the 1960s. The practice was first formalized in the 1970s with the development of US MIL-STD-1629/1629A. A variation of DFMEA developed for functional safety applications is called Design Deviation and Mitigation Analysis (DDMA). [5]
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.
Environmental stress screening (ESS) refers to the process of exposing a newly manufactured or repaired product or component (typically electronic) to stresses such as thermal cycling and vibration in order to force latent defects to manifest themselves by permanent or catastrophic failure during the screening process. The surviving population ...
The NEC Engineering and Construction contract, a standard form of contract widely used in the construction industry, allows the contractor to rectify a defect at their own expense in place of the common law position, and obliges the client to allow the contractor appropriate access to undertake the rectification work. [8] At the end of an ...
Where the seller makes the res available with a defect, a number of considerations determine the nature and extent of the remedy available to the buyer. In any defect case, one needs to consider two critical things: the nature of the defect (whether it is a patent or a latent defect); and; the nature of the remedy.
The owner, often referred to as the 'employer' or the 'client', [1] has full authority to decide what type of contract should be used for a specific development to be constructed and to set out the legally-binding terms and conditions in a contractual agreement. [2] A construction contract is an important document as it outlines the scope of ...