27/02/2024
WHAT ARE LATENT DEFECTS?
Latent defects are potential invisible faults that are not been identified through general
inspection[1] Those are defects and damages caused by improper design, poor workmanship, or
construction material problem. Latent defects are opposite to apparent patent defects [2] It could
only be found after several years of occupancy or long after the defects liability period (DLP) has
expired, even with good care.
THE LIMITATION (AMENDMENT) ACT 2018 (ACT A1566)
The Limitation (Amendment) Act 2018 is an amendment to the Limitation Act 1953 that redresses
the injustice which comes into force on 1 September 2019, especially in the case involving latent
defects. Section 6A has been introduced after Section 6 in the principal Act (ACT 254). Section
6A allows an extension of three years from the date of latent defects discovery to initiate
the action. It only applies if the following conditions are met[1][5][6]
:
1. The action is commenced after the 6 years limitation from the date of latent damages
occurrence;
2. The claim is for defects not involving personal injuries;
3. The action shall not be brought after the 15 years limitation from the date of latent
damages occurrence (Section 24A).
Source :
Latent defects are potential invisible faults that are not been identified through general inspection. They are defects and damages caused by design, workmanship, or material problem.
