What a defects liability period is, and what to record during it

A defects liability period is a set length of time after practical completion during which the contractor has to come back and put right defects in the work. It starts when the building is handed over, it runs for whatever the contract says, and in most contracts the client has to notify each defect for the obligation to bite.

So the period protects the client only as far as the client can show what was wrong and when they said so, which makes it a record-keeping job.

It has several names, and the contract decides which one

Different standard forms call it different things. JCT contracts in the UK use "rectification period". NEC contracts work from a "defects date" and a "defect correction period". FIDIC contracts have a "defects notification period". Many Australian and bespoke contracts keep "defects liability period", and plenty of people in the industry say "maintenance period" out of habit.

The mechanics differ between them, sometimes in ways that matter, such as who has to give notice and how quickly the contractor has to respond. The idea is the same: a fixed window after completion in which defects are the contractor's to fix at their own cost.

Read your own contract for the length, the start date, the notice requirements and what happens at the end. None of it is safe to assume from a different job.

The clock starts at practical completion, not at move-in

The period normally runs from the date on the practical completion certificate. That is not always the day the client gets the keys, and it is rarely the day the last trade leaves.

Write both dates on the front page of the handover record: when the period starts and when it ends. When the first defect appears in month five, nobody should have to dig out the certificate to work out whether it is in time.

What counts as a defect during the period

A defect is work that does not meet the contract: the drawings, the specification, the standards they call up, or the manufacturer's installation instructions they reference. A door that binds, a tile that sounds hollow, a gutter that falls the wrong way, a fan that was never connected.

What usually does not count:

• Damage caused by the occupier after handover.
• Normal wear from use.
• Something the client would now prefer to look different.
• Design changes the client asks for after completion.

The line between a defect and damage is where most arguments during the period happen. A scratch on a worktop is a defect if it was there at handover and damage if it appeared in month three. The handover photos are usually what settles it.

Notice is what makes the obligation real

Under most forms, the contractor is not obliged to fix a defect nobody has told them about. The client, or the contract administrator on their behalf, has to notify it.

Some contracts want defects listed in a schedule at the end of the period. Some want each one notified as it appears. Some say how the notice has to be given and to whom. Check which applies, because a defect that was noticed but never properly notified can be hard to enforce later.

Practically, that means every defect needs a written record with a date on it, sent to the right person, and a copy you can find again.

Record each defect the day you find it

The record that holds up during a defects period has the same parts every time:

The date found and the date notified are separate fields for a reason. A defect found in week 50 and notified in week 54 may fall outside a twelve-month period, and a record with both dates shows it at a glance.

A defect that comes back after a repair keeps its original reference with a new dated entry. That way a repair that failed twice shows up as one defect with two dates.

Inspect before the period ends, not after

Many contracts expect a final list of the outstanding defects around the end of the period, which the contractor then makes good. Some forms allow a short time after the period expires to issue it, and some want it before. Find that deadline in the contract and book the inspection with time to spare.

Walk the building the same way the handover walk went, room by room, so each area can be compared with its handover photos. Anything that was on the handover snag list and is still not fixed goes on the final list with its original reference.

The period does not end every claim

The end of the defects liability period usually ends the contractor's duty to come back under that clause. It does not necessarily end their liability for defective work. In many jurisdictions a claim can still be brought for years afterwards, under a limitation period set by law rather than by the contract.

That is a legal question with a jurisdiction-specific answer, so treat it as one for your counsel. Either way, keep the records from the period after it closes. A defect that surfaces in year three is easier to deal with when the handover photos and the notified defects from year one still exist.

Sitewise is a capture tool for this kind of record on iPhone and iPad. Each photo, dictated note, sketch and typed observation is stamped with the time and, with location on, a GPS pin, capture works without a signal, and the project exports as a PDF or DOCX to send as the notice. It does not track defects through to closure, send notices for you, manage retention or collect sign-offs.

For the document itself, the defect report template has the fields and a filled example. For the record the period starts from, see the handover report template.