In recent years, there has been an explosion of lawsuits for latent defects in all types of buildings. It's important to clarify from the outset a common misconception that a latent defect is a flaw the seller knew about but concealed from the buyer. While this situation can occur, the term "latent defect" is distinct from "apparent defect," and the seller may not have been aware of the defect.
Definition of a hidden defect
A latent defect is a deficiency that does not appear, which reduces the value of a building and which prevents the new owner from taking full advantage of his building. The defect must be invisible, that is to say that a prudent and diligent buyer could not have noticed it at the time of the sale.
The building expert called upon to provide a professional opinion in the context of a latent defect assessment must consider several factors to establish their diagnosis, including the age of the building and the useful life of its components. The specialist must therefore distinguish between a latent defect and normal wear and tear.
Building engineer specializing in latent defects
The expert engineer (in the context of an inspection for latent defects) observes and analyzes the deficiencies identified by the buyer and determines the extent of these on the operation of the building, the safety of the occupants and the enjoyment of the premises.
In addition, the engineer studies the documents provided by the client to verify whether these deficiencies have been declared or not in the declaration of the owner-seller.
Also, he must check if these deficiencies were mentioned in the pre-purchase report to make sure that the defects were not apparent.
Our consulting engineering firm offers the following services:
1- A hidden defect assessment to identify the deficiencies raised by the new owner.
2- Analysis of the documents submitted by the buyer (owner-seller's declaration, pre-purchase report, etc.).
3- His professional opinion concerning the deficiencies noted in the building under study.
4- Writing a report including findings, observations and recommendations supported by photos and diagrams.
5- Presence in Court as an expert witness to support your claim.
Examples of hidden defects: water infiltration , condensation, mold, structural rot, subsidence, cracks in the foundation , cracks in the slab on ground, rot behind the masonry, absence of sealing flashings, rotten load -bearing wall , rotten sill plate, lifting of the slab on ground , carpenter ants, floor subsidence, air infiltration, etc.
© The load-bearing wooden wall has suffered damage caused by carpenter ants