During which phase may the Owner file claims for latent defects?

During which phase may the Owner file claims for latent defects?

• A. During Construction
• B. During Design
• C. Post-Final Completion
• D. During Warranty period only

Answer: (C)

Latent defects are hidden flaws that aren’t detectable during construction and only come to light after the project is completed. Because you can’t identify them while work is ongoing, the owner’s claim for a latent defect is tied to the time when the defect becomes discoverable, which is after final completion. Filing during construction or during the design phase wouldn’t capture a defect that isn’t yet visible, and while there may be a warranty period, it’s a separate window that may not cover all latent defects or extend long enough for discovery. Therefore, the owner typically may file a claim after final completion, within any applicable statute of limitations and warranty terms.

Latent defects are hidden flaws that aren’t detectable during construction and only come to light after the project is completed. Because you can’t identify them while work is ongoing, the owner’s claim for a latent defect is tied to the time when the defect becomes discoverable, which is after final completion. Filing during construction or during the design phase wouldn’t capture a defect that isn’t yet visible, and while there may be a warranty period, it’s a separate window that may not cover all latent defects or extend long enough for discovery. Therefore, the owner typically may file a claim after final completion, within any applicable statute of limitations and warranty terms.