What is the test for latent defects in a construction project?
Alberta, Canada
The following excerpt is from Maclab Enterprises Ltd. v. Commonwealth Insurance Company, 1983 CanLII 1107 (AB QB):
The cause of the failure of the east wall is an underdesigned steel beam, a cause that is on all fours with the error in Jackson v. Mumford. Moreover, while the learned trial judge in that case did not define the boundaries of latent defect, he stated as a general principle that design errors were not latent defects. I agree with that general principle and find the design errors in this case are also not latent defects.
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