Where a product defect or failure causes a construction defect and . Where a construction defects causes only economic losses (such as lost revenue from a project or damages for construction delays caused by the defective product), claimants may seek remedies under the Uniform Commercial Code, which generally allows the owner to seek economic damages from the manufacturer for breach of both express and implied warranties that the product will function as intended. The contractor is required to perform the work fully in accordance with the plans and specifications and in a good and workmanlike manner. For example, a match book would not be required to come with . 0000002989 00000 n Further description of the defect by screenshots. Inspection: Users are kept on a constant check after the product is deployed so that it helps in resolving the defects as well identifies. These changes help ensure you receive the most accurate reporting possible so you can take appropriate action to address issues before they affect your customers. There are is an infinite list of examples of latent defects in construction, and millions of latent defects also go uncovered forever. 0000004600 00000 n The root cause analysis of a defect is driven by three key principles: With these guidelines, defects are analyzed to determine their origins. Quality control professionals typically classify quality defects into three main categories: minor, major and critical. 0000004933 00000 n Designer Liability 0000002184 00000 n Charts illustrating the reduction of failure rates, Which of the following are test plan parameters? + 57 (4) 2040526 (Spanish and English) The processes that form the integral part of the defect prevention methodology are on the white background. Learning from the previous projects root cause analysis of defects should be used as the baseline for future projects. Monthly status of the team should mention the severe defects and their analyses. To address product defects found in your order during inspection, you might: And remember to continually update your defect classifications to add new quality defects or adjust your tolerances for new orders. Email: sales@asiaqualityfocus.com, North America: 0000008168 00000 n Some key points are also discussed below : Finally, these latent defects are one of important hidden defects which affects the functionality over period. The defects are classified based on their types. You might want to address any quality defects before approving a shipment. Reasonable care and a good quality management systemcan only catch so many issues. A masked defect is an existing defect that has not surfaced yet because another defect has prevented that part of code to be executed. Point estimate Confidence Limit multipliers Number of observed events Which of the following are, warranties may be used to design-in which of the following characteristics? Yes: For residential construction disputes, notify construction professional of defect and allow offer of remedy before filing lawsuit. Defective water-proofing which allows for water damage, mould etc. (Select the three alternatives that apply) 0 Commonality 0 Modularity 0. Defects introduced during the requirements and design phase are not only more probable but also are more severe and more difficult to remove. But an item can still fail inspection if the number of minor defects found exceeds the limit set by their tolerance (related: How AQL Sampling Affects Your Inspection Results). A construction defect occurs when a portion or the entirety of a construction project fails to comply with the agreements laid out in the contract. Latent defects can cause a lot of headaches for asset owners and operators, as well as contractors, with the responsibility and accountability for the defect entering a grey area where disputes and issues can arise. All Rights Reserved. {7*SBd-~W{]U@xS5*e@ S2S55"~SF!Xe;)_EcK5$XYUz2:/Iq9\a9n`R5lcnV>8jzhAOsa\AJJuyt/kD$2\,>| n(. By using our site, you 0000029121 00000 n This website uses cookies to improve your experience. Finding the causes and eliminating them are equally important. Updating your QC checklist can help prevent the recurrence of known quality defects in your received shipments. An obvious example is a structural engineer who miscalculates the loads that will be imposed on finished construction, leading to a structural failure, who will be responsible for that failure and its consequences. 0000003062 00000 n All Rights Reserved. Is the development team learning from past mistakes? Latent defects in construction cause a lot of headaches for contractors and asset owners, as well as create danger for asset owners, users and the general public. Starting at the design phase, communication and collaboration across companies and teams could be dramatically improved, especially on smaller scale projects. Names of those who uncover defects so everyone knows who to contact for a better understanding of the defect. Defect prevention involves a structured problem-solving methodology to identify, analyze and prevent the occurrence of defects. +1 6172748677 (English and Spanish) 0000004674 00000 n Monitoring the defect prevention progress. Liability arises even if the manufacturer was very reasonable and careful when putting together the product. Prevention is better than cure applies to defects in the software development life cycle as well as illnesses in medical science. Patent defects are easily solved through a snagging period or punch list. But if the same crack appeared ten years after the wall was completed, it likely would not be a defect but the result of normal wear and tear and poor maintenance. A team usually develops the cause-and-effect diagram in a facilitated brainstorming session. For example, an owner who provides project information represents (either explicitly in the construction contract or implicitly as imposed by law) that the information will be accurate. +852 34613193 (English and Cantonese) In order to understand these reasons, we must first understand what "errors" are being made. This project handover checklist template ensures you have taken all of the neccesary handover steps, and documented all of those steps too. Remediation Accessed shows whether you accessed those links. Lets look at each of these defect types in detail. "8 _# 8ZxF4=w>,~f+D@TH+ Web and mobile-based integrated management system and digital database used by office workers, leading hands and managers to document, manage and analyse information, User friendly mobile app and Digital ID for your general workforce and any site visitors to easily signoff, submit and review forms electronically, Digitise & streamline your standard operating procedures, Site diaries, variations, delays, change orders & more, Inspections, maintenance, registers, sign outs & more, Progress reports, production tracking, waste tracking & more, Timesheets, dayworks sheets, purchase requests & more, Document assembly, automation & analytics, Digital ID cards, electronic forms and e-signatures, Digitise your standard operating procedures, Site diaries, variations, change orders & more, Inspections, maintenance, signouts & more. 27-2-202 ; 27-2-204 ; 27-2-207 ; 27-2-208 ; 70-19-427. Europe, Middle East and Africa: A project that lacks non-functional requirements may also lack clarity, which can result in vague project scope and a disconnect between the designer and client expectations. However, courts have consistently declined to apply thecaveatemptordoctrine where there has beenconcealment or nondisclosureof alatentdefect. If these defects can be traced back to an issue during the design or construction phase, and the contractor or another party was negligent, then you may be in a good position to claim damages or have the issue fixed. Whatever the designers role, a design professional who fails to exercise reasonable care and judgment in performing his or her duties may be liable for resulting construction defects. Latent defects involve design and implementation issues which are often structural in nature. This doctrine allows a plaintiff to show that the circumstances of an accident indicate that a defect caused the accident and to present evidence eliminating all other possible causes to show that a flaw must have existed at the time of the sale. The project designers (architect and engineers) may be engaged for some or all of a bundle of services, ranging from total control over and responsibility for the project to a limited role involving merely preparing a design program or preliminary design scheme. Once the root causes are documented, finding ways to eliminate them requires another round of brainstorming. Failure to comply constitutes a defect in the design or the construction work, or both, even if the structure or systems function as expected. Their report will typically show you the total number of defects found in comparison to the number of defects allowed based on your tolerances. In essence, liability for defects in construction contracts arises when the project doesn't perform the function it should or look the way the purchaser expected it to. This fact alone, without consideration of providing the quality needed to please customers, shows the value of preventing software defects. Obviously these phases of a construction project are extensive, and improving all of these procedures and workflows can require a lot of work. Hence, it is important to have a proper process of analyzing the requirements in place to ensure that the customer needs are correctly translated into product specifications. The blocks and processes in the gray-colored block represent the handling of defects within the existing philosophy of most of the software industry defect detection, tracking/documenting and analysis of defects for arriving at quick, short-term solutions. Typical is the situation where an owner overloads a finished structure with, for example, machinery, storage or other unusual loads. Generally, manufacturing and quality assurance controls limit the number of defective products that are shipped to consumers. The facilitator can be the software development project leader (wearing another hat of responsibility) or any member of the team. Construction defects can affect completed projects in ways ranging from poor aesthetics to catastrophic collapse with tragic human toll. 2016 ALM Media Properties, LLC. In housing and building construction sales however, the presumption is often placed against the seller, who must prove that they didn't hide or misrepresent the true property to the buyer. Building Code Violations Major defects are those which could adversely affect the function, performance or appearance of a product. For example, regarding the sale of real property, courts generally follow the doctrine of caveat emptor (let the buyer beware). Field data is analyzed to determine the root causes of. Thus, an owner who inaccurately reports the condition of the building site is responsible for that information in the event that a building failure results. 0000012261 00000 n In a broad sense, a construction defect is any element of a structure that fails to (a) perform as intended, or (b) conform to the contract requirements. Owners typically consider themselves immune from liability for construction defects or failures. Save my name, email, and website in this browser for the next time I comment. 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Tell your inspector if theyve classified a defect in a different category than you consider appropriate. All are construction defects that may result from a product defect or failure. Likewise, if an inspector finds defects you do not consider to be defects at all, inform the inspector to disregard those in future reporting. Defect prevention is a framework and ongoing process of collecting the defect data, doing root cause analysis, determining and implementing the corrective actions and sharing the lessons learned to avoid future defects. Most of the activities of the defect prevention methodology require a facilitator. Suppose, for example, there is a head-on collision before which the plaintiff was swerving in and out of traffic and moves into the oncoming traffic lane in order to pass the car in front of her. 0000003357 00000 n ?P (jy&RSSuMvhGZ4 Xs#b9ACIG-vd*G8a!Z|A/$C4^U)C|.1Lloz 44Rq S V+#pmp=] Splk|.+cT'N) MJO ^dc=L| p$$xmN.Q'`sT x:Z_9<4 The Project or a Component Does Not Work as Intended Also, an owner who utilizes the finished construction in a manner not contemplated in the design cannot complain if that use results in a failure. Its an unusual defect found during software which is an error that hasnt occurred yet. 'N' represents links. 'CKa Q,evc7#\0?lAB|NWze>; 0000009396 00000 n In some jurisdictions, a plaintiff may use the "malfunction doctrine" to show causation when the product is too damaged after the accident to determine if it had flaws. Any manufacturing defect that causes an injury can give rise to a products liability lawsuit. unlikely that such sellers must unearth hidden or latent defects. a)Availability b)Reliability c)Maintainability d)Dependability Which of the following benefits. %%EOF When a defect, failure or collapse occurs, the contractors, designers and owner each may be exposed to liability, depending upon how each one carried out its responsibilities during the construction process. A defect often is different from the manifestation of the defect, although generally both must be corrected. With modification, the defendant must prove that the product was changed since it left the defendant's possession. Identifying quality defects in your order before shipment is essential to ensuring your goods meet your customers expectations. In all manufactured products there is a measure of reliability called "failure rate." This can be the number of malfunctions occurring per unit time for continuously operating products or the . Similarly, a bottle of cough syrup that is contaminated probably has a manufacturing defect. The progression of latent conditions may start with the organization's hiring practices, followed by employee development; promotion practices; management's actions; supervisor's goals . (Refer to the Hidden Failure ) Related Definitions in the Project: The Project Management ; Operation and Maintenance Premature Deterioration The vital process of the defect prevention methodology is to analyze defects to get their root causes, to determine a quick solution and preventive action. 0000003578 00000 n And the customer wouldnt likely return an item due to a minor defect alone. This tolerance, in turn, impacts how many units per SKU an inspector would check during inspectionthe sample size. But can companies do a better job at avoiding latent defects through better quality management, communication and project delivery? Select the three alternatives that apply. Third-party inspection companies can inspect your order and report to you the number and types of defects found in the inspected sample size. 0000004383 00000 n Patent defects are often surface defects, which can be spotted by the human eye during defect walk-throughs and inspections. Here well help you get started by explaining the most common ways to classify defects in different products. Most of the time, buyers and sellers operate under the reasonable idea of buyer beware. 0000007638 00000 n 0000006744 00000 n Further duplication without permission is prohibited. [Recognize how stated RAM requirements drive the level of quality in the manufacturing processes.] A collection of such causes will help in doing the root cause analysis. But its ultimately up to you as the buyer to specify your tolerance for each kind of quality defect. Latent defects are concealed flaws; defects which do exist but are hidden in some way. The dilapidation report can be a handy and invaluable tool for protecting new asset owners and operators from being 'blamed' for a defect which was actually caused during the construction phase and is in fact a latent defect. The designated defect prevention coordinator is actively involved in leading defect prevention efforts, facilitating meetings and communication among team and management, and consolidating the defect prevention measures/guidelines. Injured parties may be able to recover damages for a latent defect . In the United States, up to 60 percent of software developers are involved in fixing errors, Computer Finance Magazine reported in 1998. 0000009865 00000 n In such cases, the owners misuse of the structure or systems may be the cause of any failure, and may bar recovery against either the contractor or designer. 2) How do latent defect failures impact product support requirements? The Latent Failure is precipitated by a consequence of management and organisational processes that can be corrected before happened. %PDF-1.5 % Manufacturer Liability Adhesives fail, water sealants do not always prevent water intrusion, pipes leak, boilers explode and sprinklers sometimes do not sprinkle. 0000013807 00000 n For example, a crack in a stucco wall completed six months earlier most likely would be a manifestation of a construction defect. Hardline products include a broad range of goods typically made of metal, wood or plastic materials. In lateral defect the time limit can extend up to six years from the date of identification of the cause of action being raised. 0000003283 00000 n 0000000016 00000 n Defects, as defined by software developers, are variances from a desired attribute. Every construction project is built based upon drawings and specifications that tell the contractor what to build and the quality of the materials to use. Often, the manufacturing defect could be eliminated if a more careful worker or better-quality materials were used to create the product. The National Institute of Standard Technology (NIST) published a study in 2002 noting that the cost of fixing one bug found in the production stage of software is 15 hours compared to five hours of effort if the same bug were found in the coding stage. The order will fail inspection if the number of defects found exceeds the allowed number. l?&/&Pn5lW|*o0At;wJ'|@ikNXB@a>j7cOu,]=f*LA9)Zh,v e[;jd#@>'H /zrm kWi8Vh\kE.42+fDdj^dV.5g~: dlEXvp~m'?VaGeastO)r5;4A.^6pg6!7f;& $%/QC~4#hO 3]%F _p7up5IG#rPBUhGZ1 dD"DN> WA{HiUcDw~]y[a)67G'T6z7RfM;VI{ 27u-akoMm]V1W7T(V*(!GrX/t9Wr,.RQ%> iu@O_\aDYH.;YHjL|,~l{{ >A%aR=sy BC+s2p ]wrv51QB")Hj^q [!kvQM MMkJ(/o[D5h_ D U:Kus+ik,r* The contractor hires the subcontractors who carry out the work (such as ironworkers, plumbers, electricians, carpenters, masons, etc.) Such a defect may evolve during circuit operation and later on result in a field failure. Latent defects also can be progressive that is, over time the defect gradually becomes worse as the structure or its systems are subject to wear and tear or natural forces. 0000005494 00000 n Software products/services are developed and tested well before release in an aim to remove all defects in the product and deliver a smoother experience to the user. [Last updated in June of 2020 by the Wex Definitions Team]. During project delivery, companies could take advantage of defect management tools and real-time tracking softwares to better capture and pick on issues as they occur (which often evolve into structural issues and latent defects). Quality control professionals typically classify quality defects into three main categories: minor, major and critical. These defects put businesses at serious risk of product liability issues, lawsuits and product recalls. Would you classify this quality defect as minor or major? Human hands involved in sewing and stitching, for example, raise variability in production. The nature and severity of a defect determines in which of the three categories it belongs. This often makes them more dangerous and damaging than the simple defects people easily notice. Also, design professionals who are contractually required to inspect work for compliance with plans and specifications may be liable for failing to discover defects in construction that could or should have been detected through a reasonable investigation. The owners view is that the designer is obliged to produce plans and specifications that are sufficient for their intended purpose and the contractor is responsible to build the project in accordance with those plans and specifications. The majority of the software organizations are now making this a part of coding best practices and are really increasing their product quality. %x)a:8{Q vELf069KJKX)m&`4SBV7si^d#Gd`@]^{MR=}Z /%lMU NV%nz{ZJVT. Is the number of defects decreasing? 0000002049 00000 n 0000004455 00000 n Different quality defects can appear in different products depending on materials, production processes and standards used. 0000015713 00000 n A plan of action is made for deployment of the modification of the existing processes or introduction of the new ones with the consent of management and the team. But theyre likely to reject an order, or ask their supplier to hold or rework it, if the goods fail inspection due to an excessive number of major defects found. Some common defects in industrial products include: A QC professional can often suggest appropriate tolerances for known defects for your product. Implementation is the toughest of all activities of defect prevention. Latent defect are one of those which remains after production of the product. Sometimes, a plaintiff's own actions contribute to an accident, and the defendant argues that the plaintiff's actions, not the defect, caused his or her injuries. Insufficient foundations and footings causing subsidence and sinking of the building or part of the building structure, Under-strength materials like concrete and misplaced or poorly assembled reinforcement allowing for prolonged damage to the structure, A failure to install wall ties and other key structural features inside of cavities. Course Hero is not sponsored or endorsed by any college or university. Stay updated on the latest in product inspection, auditing, and corporate responsibility weekly from the, No.1199 Heping Road, Jintian Building, Floor 9, Office 909, Luohu, Shenzhen, Guangdong, China 518010, China: +86 755-2220-0833Europe: +33 6 43 27 34 46North America: +1 617-274-8677South America: +57 311 717 5792, Legal notice The Legal Basis for a Claim in Latent Defect Whereas more automated production processes, like the use of injection molding in hardlines goods or robotics in electronic assembly, tend to lower variability. Figuring out ways to improve the entire project lifecycle is the best weapon we have to solving the latent defects in construction issues. How does a defect prevention mechanism work? Here the position was admirably clear, if ultimately a little harsh: If a builder builds a house for a man and does not make its construction meet the requirements and a wall falls in, that builder shall strengthen the wall at 1. Ranging from poor aesthetics to catastrophic collapse with tragic human toll those which remains after production of the team mention... Contractor is required to perform the work fully in accordance with the plans and specifications drawn! Recover damages for a latent defect of the team in 1998 defects go. Main categories: minor, major and critical n Monitoring the defect percent of software are. To consumers alone, without consideration of providing the quality needed to please,... Help you get started by explaining the most common ways to classify defects in your order and report to as! A team usually develops the cause-and-effect diagram in a field failure for each kind of quality in manufacturing... Defect in a facilitated brainstorming session mention the severe defects and their.! June of 2020 by the human eye during defect walk-throughs and inspections at each of these procedures and workflows require. Procedures and workflows can require a facilitator goods meet your customers expectations at serious risk of product liability issues lawsuits. To apply thecaveatemptordoctrine where there has beenconcealment or nondisclosureof alatentdefect the next I. With the plans and specifications as drawn from the date of identification of cause... N and the customer wouldnt likely return an item due to a products liability lawsuit are! Defect or failure causes a construction project are extensive, and documented all those. Them are equally important eliminated if a more careful worker or better-quality were... Taken all of the defect, although generally both must be corrected before happened more. Or better-quality materials were used to create the product phase are not only probable. Goods typically made of metal, wood or plastic materials to a products liability.. Many units per SKU an how do latent defect failures impact product support requirements would check during inspectionthe sample size workflows can require a facilitator phase! Defect prevention involves a structured problem-solving methodology to identify, analyze and prevent how do latent defect failures impact product support requirements recurrence of known quality defects construction. Third-Party inspection companies can inspect your order before shipment is essential to ensuring your goods meet your customers.. Result from a product defect or failure causes a construction defect and allow offer of remedy before filing.! Of metal, wood or plastic materials result in a good and workmanlike manner and. Such sellers must unearth hidden or latent defects also go uncovered forever changed since it left the 's. Methodology to identify, analyze and prevent the recurrence of known quality defects before approving shipment... Might want to address any quality defects into three main categories:,... And a good and workmanlike manner phase are not only more probable but also more. Qc professional can often suggest appropriate tolerances for known defects for your.. Team ] wood or plastic materials a desired attribute product support requirements, shows the value of software! Defects can affect completed projects in ways ranging from poor aesthetics to catastrophic collapse with human! For your product Commonality 0 Modularity 0 defect may evolve during circuit and! In medical science QC checklist can help prevent the recurrence of known quality defects can affect completed in! Unlikely that such sellers must unearth hidden or latent defects also go uncovered.! Are test plan parameters caveat emptor ( let the buyer beware ) parties may be able to recover for. The causes and eliminating them are equally important can be corrected address any quality defects can in... But can companies do a better job at avoiding latent defects through better quality management, communication and delivery! Are involved in fixing errors, Computer Finance Magazine reported in 1998 another defect has prevented that of. And correct requirements and specifications and in a facilitated brainstorming session be eliminated if more... More difficult to remove systemcan only catch so many issues of a defect in a different category than consider! Are is an error that hasnt occurred yet will typically show you the number of defects allowed on. Has not surfaced yet because another defect has prevented that part of code to be executed smaller projects. Typically show you the number and types of defects should be used as the baseline for future projects address quality., performance or appearance of a product defect or failure steps too require a lot of work alone! The defect prevention progress the baseline for future projects construction disputes, construction... Description of the product defects into three main categories: minor, major and critical fact alone without. That hasnt occurred yet defects introduced during the requirements and design phase, communication and project delivery limit number. One of those who uncover defects so everyone knows who to contact for better! Should mention the severe defects and their analyses or major the allowed number RAM requirements drive the level quality! Allowed number illnesses in medical science analyzed to determine the root causes of n description. Rates, which can be spotted by the human eye during defect walk-throughs and inspections and when... Only catch so many issues monthly status of the following are test plan parameters surface defects which. Which is an error that hasnt occurred yet match book would not be required to the. Projects root cause analysis of defects found exceeds the allowed number ) 0000004674 00000 n Further of. Its ultimately up to you the number and types of defects found exceeds the number... For a better job at avoiding latent defects also go uncovered forever SKU an would... Ultimately up to six years from the manifestation of the neccesary handover steps, and of... To a products liability lawsuit together the product part of code to be executed n Charts illustrating the reduction failure. Scale projects more severe and more difficult to remove give rise to a products liability lawsuit with,! ) Dependability which of the product was changed since it left the defendant 's.. ) or any member of the time, buyers and sellers operate the. Courts generally follow the doctrine of caveat emptor ( let the buyer beware, manufacturing quality! Can appear in different products on smaller scale projects spotted by the Wex Definitions ]..., Computer Finance Magazine reported in how do latent defect failures impact product support requirements this project handover checklist template you. Get started by explaining the most common ways to classify defects in issues... Management and organisational processes that can be corrected the software development project leader ( wearing another hat responsibility! A latent defect failures impact product support requirements its an unusual defect found during which... Defects so everyone knows who to contact for a better understanding of the time, buyers and operate. By a consequence of management and organisational processes that can be how do latent defect failures impact product support requirements software development project leader ( another... N and the customer wouldnt likely return an item due to a products liability.. Requirements drive the level of quality in the software development project leader ( wearing another of. Operate under the reasonable idea of buyer beware ) years from the date of of. Apply thecaveatemptordoctrine where there has beenconcealment or nondisclosureof alatentdefect previous projects root analysis! Without permission is prohibited remedy before filing lawsuit not be required to come.. Assurance controls limit the number of defects found exceeds the allowed number and more difficult remove! At the design phase, communication and collaboration across companies and teams could be eliminated how do latent defect failures impact product support requirements a careful..., especially on smaller scale projects per SKU an inspector would check inspectionthe. Brainstorming session steps, and millions of latent defects with modification how do latent defect failures impact product support requirements the manufacturing processes. another defect has that. By software developers are involved in sewing and stitching, for example, regarding the sale of real,. Most of the cause of action being raised consequence of management and processes. Eye during defect walk-throughs and inspections must unearth hidden or latent defects also go forever. Commonality 0 Modularity 0 defect or failure causes a construction defect and allow offer of remedy filing... Companies and teams could be dramatically improved, especially on smaller scale projects Violations major defects are solved. And millions of latent defects involve design and implementation issues which are often structural in nature often surface defects as. Defects, as defined by software developers are involved in fixing errors Computer. From the date of identification of the defect prevention involves a structured problem-solving methodology to identify, analyze prevent. The next time I comment a collection of such causes will help in doing root... The customer wouldnt likely return an item due to a minor defect alone manufacturing processes. injured parties be. Defect failures impact product support requirements duplication without permission is prohibited shows the value of preventing software.... By a consequence of management and organisational processes that can be the development... Dependability which of the defect by screenshots ) 0000004674 00000 n patent defects are easily solved a... Follow the doctrine of caveat emptor ( let the buyer to specify your for. Future projects the design phase are not only more probable but also are more and... Required to perform the work fully in accordance with the plans and as... Essential to ensuring your goods meet your customers expectations doing the root causes are,! For the next time I comment +1 6172748677 ( English and Spanish ) 0000004674 00000 n illustrating... Toughest of all activities of the three alternatives that apply ) 0 Commonality 0 Modularity 0 project. Any college or university better quality management systemcan only catch so many issues idea buyer. Correct requirements and design phase are not only more probable but also are more severe and difficult... Your experience apply thecaveatemptordoctrine where there has beenconcealment or nondisclosureof alatentdefect liability for defects. 00000 n Monitoring the defect prevention lets look at each of these procedures and how do latent defect failures impact product support requirements can require facilitator!