Patent Defects in Construction: Visible Problems & Your Rights

You’ve just walked through your new build or renovation, and your stomach drops. Crooked tiles. Gaps in the paintwork. Doors that won’t close properly. These visible flaws, patent defects, aren’t just cosmetic annoyances; they’re evidence your contractor hasn’t delivered what you paid for. The clock is already ticking on your right to demand fixes, and every day you wait weakens your position. Get specialist legal advice in construction & building disputes now, before your leverage disappears.

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Patent defect definition and what qualifies as visible

A patent defect is any flaw you can identify through ordinary observation during a standard property inspection, without needing specialist tools or invasive testing.

What is the meaning of patent defect in construction:

• Water damage: Damp patches, staining, or active leaks at handover.
• Poor finishes: Uneven paintwork, misaligned tiles, or gaps in skirting boards.
• Material defects: Cracked bricks, chipped countertops, or damaged flooring.
• Visible cracks: Splits in walls, ceilings, or external render during visual inspection.
• Incomplete work: Missing fixtures, exposed wiring, or unfinished areas at practical completion.
• Structural misalignment: Doors that won’t close, windows sitting crooked, or floors with obvious slopes.

The patent defect meaning in law centres on one test: would a reasonably observant person spot it? If yes, it’s patent. If it requires opening walls or technical equipment to discover, it’s latent.

Examples of patent defects in construction projects

Patent defects in construction appear across every trade and building phase, and recognising them during site inspections protects your position.

Common patent defects examples by category:

• Plumbing: Leaking joints, toilets rocking, or visible pipe damage.
• Roofing: Missing or slipped tiles, gaps in flashing, or sagging rooflines.
• Painting: Brush marks, uneven coverage, paint drips, or colour variation.
• External works: Uneven paving creating puddles, cracked driveways, or leaning walls.
• Flooring: Tiles laid unevenly creating trip hazards, laminate with gaps, or screed cracking.
• Plastering and rendering: Lumps, hollows, cracking, poor corner beading, or render pulling away.
• Carpentry and joinery: Doors binding in frames, gaps around windows, visible nail holes, or creaking staircases.
• Brickwork and masonry: Uneven mortar joints, visible gaps, staining from efflorescence, or walls bulging outward.

Patent defects vs latent defects: Why this distinction matters

The difference between patent defects and latent defects determines how long you have to claim, who bears the cost, and whether you have any legal remedy.

Important differences that affect your rights:

• Visibility timeline: Patent defects are obvious at handover; latent defects remain hidden for months or years.
• Liability periods: Patent defects must be reported within 12 months under standard defects liability periods; latent defects can be claimed up to 6 years (12 under deed) from practical completion.
• Inspection duty: You’re legally expected to spot patent defects during reasonable inspection; no such duty exists for concealed latent defects.
• Acceptance risk: Signing off on snagging lists without noting visible flaws waives your right to claim patent defects; latent defects rights remain unaffected.
• Proof burden: Patent defects require simple photographic evidence; latent defects need expert reports costing thousands.

Example:

A visible crack in render at handover is a patent defect; report it immediately or lose your claim. Defective damp-proofing hidden behind that render, causing mould two years later, is latent; you have years to pursue it.

Patent defects liability period and claim deadlines

The patent defects liability period is your contractual window to force contractors to fix visible problems at their cost.

How liability periods work:

• Standard timeframes: Most contracts include a defects liability period of 6-12 months from practical completion.
• JCT contracts: The rectification period typically runs 12 months, during which contractors must fix reported patent defects without charging.
• Retention money: Clients hold 2.5-5% of contract value as retention until the patent defects liability period expires.
• Immediate reporting: Patent defects spotted at handover must be listed on snagging schedules immediately.
• Discovery during period: New patent defects emerging within the liability window must be reported promptly in writing.
• Statutory rights remain: Even after contractual periods expire, you retain breach of contract claims for 6 years (12 under deed).

Accepting patent defects and how silence destroys your rights

Spotting patent defects but failing to object immediately can be legally interpreted as acceptance, barring you from claiming rectification later.

How acceptance operates against you:

• Implied acceptance: Courts treat silence during snagging inspections as evidence you accepted the work quality.
• Signed completion certificates: Approving practical completion without noting visible defects creates a legal presumption you accepted them.
• Payment without reservation: Making final payments or releasing retention money without written objection strengthens contractor arguments that you waived claims.
• Occupation and use: Moving into the property despite visible problems can constitute acceptance through conduct.
• Time limits matter: Delaying complaints for weeks after spotting patent defects allows contractors to argue conditions changed.

Exception:

Acceptance of some defects doesn’t mean accepting all; you can approve finished areas while rejecting others with documented patent defects examples.

Getting patent defects in construction fixed: Contractor duties and your leverage

Contractors have clear legal obligations to rectify patent defects, but enforcing those duties requires knowing your contractual leverage.

Contractor obligations and your enforcement tools:

• Contractual duty to rectify: Standard construction contracts impose obligations to fix all patent defects reported during the defects liability period at no additional cost
• Reasonable timeframe: Contractors must return within 14-28 days after notification.
• Withholding retention: Your strongest leverage is holding retention money (2.5-5% of contract value) until all patent defects in construction are rectified.
• Withholding final payment: You can legally refuse final payment for work containing patent defects.
• Set-off rights: Deduct reasonable rectification costs from amounts owed if contractors refuse to return.
• Alternative quotes: Obtain competitive quotes for remedial work to evidence reasonable costs if you engage replacement contractors.
• Performance bonds: Projects with performance bonds allow you to claim against sureties if contractors abandon patent defects obligations.

FAQs

• What are patent defects? Patent defects are visible flaws you can spot during ordinary inspection without specialist equipment. Report them during snagging or within the defects liability period, or risk losing your right to free rectification.
• What is a patent defect in construction? A patent defect in construction is any obvious building flaw visible at practical completion, such as cracked walls, uneven floors, misaligned doors, or poor finishes. Document them with photographs and written notice to preserve your rights.
• Can I claim for patent defects after the liability period expires? Yes, statutory rights under breach of contract continue for 6 years (12 under deed), but you’ll need legal action and face arguments that you accepted defects through silence during the contractual period.

Patent defects demand prompt action; visible flaws won’t fix themselves, and contractual deadlines expire fast. Document every defect, report ASAP, and withhold leverage like retention money until work meets standards. Silence equals acceptance in construction law, so protect your investment now.

Don’t pay twice for shoddy work!

Qredible’s network of specialist construction solicitors knows exactly how to enforce your rights and recover rectification costs.

KEY TAKEAWAYS:

• Patent defects are visible construction flaws like cracked walls or uneven finishes that must be reported during snagging or within the defects liability period to preserve your right to free rectification.
• Silence or signing off without objection can be legally interpreted as acceptance, barring future claims; patent defects typically must be reported within 6-12 months, unlike hidden latent defects which have longer timeframes.
• Withhold retention money and final payment until contractors fix all reported patent defects in construction; missing contractual deadlines forces expensive legal action under statutory rights.