Civil Engineering Reference
In-Depth Information
discovered during the rectification period?
No, quite the reverse. Defects can be placed into two categories:
•
•
patent defects, and
latent defects.
Apatentdefectisadefectwhichisvisibleorwhichcanbediscoveredonreasonableinspec-
tion. A court has explained patent defects like this:
Where, in the normal course of events, a surveyor would be engaged in the survey of
a building for a purchaser, and with the exercise of due diligence, that surveyor would
have discovered a defect, that defect is patent whether or not a surveyor is in fact en-
gaged and, if engaged, whether or not the surveyor performs his task competently.
6
A latent defect is a defect which is hidden and cannot be discovered on reasonable inspec-
tion. A court has said this about latent defects:
The only question is whether by 'latent' is meant that you have to use every possible
method to discover whether it exists, or whether you must use reasonable methods . . .
I think it means such an examination as a reasonably careful man skilled in that matter
might make.
7
Therefore,itismoreaccuratetosaythatlatentdefectsareallthedefects
not
discovereddur-
ing the rectification period, provided that the architect has used due diligence in inspecting.
