Patent defects are easily discovered with reasonable inspections by professional assessors and mostly are rectified during Defect Liability Period. A developer has no obligation to disclose a patent defect because a purchaser is given a Defect Liability Period from the date of Vacant Possession to discover and report the defect or deficiency, regardless of whether or not the purchaser had an inspection completed. However, if the developer attempted to hide or conceal a patent defect then such action may be considered fraudulent which can be claimed or pursued in the courts.

Disputes may arise for latent defects which may not be apparent for many years. Latent defects could not be discovered with a reasonable inspections. We are often contacted by purchasers to clarify and to assist them handling defects that only be discovered after defect liability period. In such events, inspections need to be carried out by professionals to identify the type of defects and diagnose the possible cause of defects. Then after the defects can be brought to developer’s attention if it is proven to be a latent defect caused by deficiencies such as design deficiency and workman deficiency.

Legal action can be taken against the developer if the developer decides to dispute. Previously, Section 6 of the Limitation Act 1953 gives you 6 years to sue the developer starting from the time the defect first formed (age of the defect and not the age of the property). Some defects cannot be discovered in the initial years.

Defects such as cracks to surface may take longer time and by then 6 years might have expired. To address this, Section 6A Limitation (Amendment) Act 2018 was introduced and this section allows property owners an extra 3 years to sue if the original 6 years is ending. However, the law demands you to hire an expert to inspect your property in case of any defect identification. Referring to Section 6A (3) of the Limitation Act, any defect which is 15 years old or older will not be entertained unless the defects were hidden from the purchaser by fraud or mistake according to Section 29(2) of the Limitation Act. 

Every situation is dependent on the type of defects, facts, and conditions. Engage a professional Building pathology & Forensic Consultant to diagnose the defects and consult a lawyer for legal assistance.

The article is for informational purpose only and should not be taken as legal advice.

A structural waterproofing consultant is appointed to provide information and guidance relating to the design, installation and maintenance of a structure’s waterproofing.

When designing waterproofing works where the risks of inadequate waterproofing are particularly high, it is recommended that a specialist consultant is included in the design team from the outset to consult. It has often been the case in the past that architects or structural engineers assumed responsibility for structural waterproofing design. However, this can lead to over-design of waterproofing and an over-reliance on manufacturer’s details. This can also be the case if a manufacturer is appointed as the specialist since they will inevitably specify their own products. Both of these scenarios can lead to the client receiving a less optimal solution than might be devised by a specialist. 

The benefits of appointing a consultant are that they are specially qualified and experienced in creating solutions to prevent water ingress that can work within any constraints (e.g. budget, spatial) that the project faces.

The importance of a well-built building structure is often taken for granted until failures start to appear. These deficiencies can be minor or major, but the results are often catastrophic. This is why consultants play an important role in the waterproofing industry and may add in saving money in the long run. Consultant add an extra quality assurance check before or after construction.

TED’s Scope of work as a Waterproofing consultant:

• Pre-construction support:  Evaluate the proposed design of the structure to make sure it will be stable enough to withstand the elements. We will also perform stress tests, oversee the building process and provide quality oversight, thus ensuring the work of the contractor or architect has produced a dependable, secure, and efficient waterproofed roof / deck.
• Post-construction forensics: It is more likely that client will need a waterproofing consultant after roof or deck is constructed if client didn’t hire one beforehand. This is because the original project did not have adequate oversight. A consultant’s oversite includes the following
• Moisture detection: Leaks can lead to structural damage and mold. Part of a consultant’s job is to use the latest technology to find out where leaks are occurring. Additionally, consultants are equipped with technology that ensures they aren’t overlooking water damage.
• Quality assurance: The architect, waterproofing contractor, and materials manufacturers each have their own interests at stake when they work for client. Consultants’ interests are the same as client: We have client’s best interest in mind. This make us the perfect liaison to make sure things are done at a high level of quality. Consultant have the knowledge to help client make informed decisions and the expertise to effectively communicate with those who are active in the creation of roof or deck.

A waterproofing consultant is an advocate during the design, construction, repair, or rebuilding of roof or deck.   Additionally, specialist consultant is qualified to guide client through the decision-making process. Hiring a consultant is the first step towards getting a quality waterproofing with integrity, and one that will last for many years to come.