Latent defects are concealed within the structure and not apparent on reasonable inspection. The discovery rule typically delays accrual until the defect is or should have been discovered.
Statutes of repose still impose an outer limit.
Alternative Names:
Hidden Defect, Concealed Defect
Why it Matters?
The distinction from patent defects determines both accrual and acceptance, since a patent defect that an owner accepted without objection may be waived while a latent one is not. Water intrusion, structural deficiencies behind finishes, and subsurface conditions are the recurring latent categories. Statutes of repose remain the outer boundary regardless of discovery, which is what ultimately closes exposure on older projects.
Frequently Confused with
Related terms
Frequently asked questions
Why does latency matter for limitations?
What limits the exposure period?
