The developer is dragging on fixing my snags after handover — how does the defects-liability period actually work?
We took handover and submitted our snag list, but the developer/contractor is slow-walking the fixes — and I've already paid.
- I keep hearing about a "defects-liability period" — what is it?
- What am I entitled to have fixed during it, and for how long?
- How do I push things along without a legal fight?
Trying to understand my position and get the snags closed rather than end up fixing them myself. This is the *after-handover* side (I already did the is-snagging-worth-it homework). How does this actually work?
3 answers
Short answer: the defects-liability period (DLP) is a defined window AFTER handover — commonly around 12 months on fit-out/build contracts, though it varies by contract — during which the contractor/developer is obliged to come back and fix defects that are down to their workmanship or materials, at their cost. It's your main lever after you've paid. What you're entitled to is correction of genuine defects (not wear-and-tear or your own damage) reported within that window. The way to push it along without a fight is process: report defects in writing with photos and dates, reference the DLP clause, give a reasonable deadline, keep a paper trail, and — crucially — hold any RETENTION money until the snags are closed, because that's the leverage payment usually leaves you.
What the DLP is: - A contractual warranty window after handover (often ~12 months on build/fit-out, but check YOUR contract — the length and scope are defined there) in which the contractor must remedy defects arising from their work/materials, free of charge. - It covers genuine defects (things not built/finished correctly, or that fail because of workmanship/materials) — not normal wear, misuse, or damage you caused.
What you're entitled to: - To have reported defects put right within the DLP, at their cost. Structural/other elements can carry longer statutory liability separately, but the day-to-day snag-fixing lives in the DLP.
How to push without a legal fight: - Everything in writing: log each defect with photos, location and date, reference the DLP clause, and send it formally (not a passing WhatsApp). A documented list is far harder to ignore. - Reasonable deadlines + escalation: give a fair timeframe, then escalate in writing if missed. Keep it professional and paper-trailed — that record is what gives informal pressure teeth. - Retention is your leverage: if the contract has a retention (a % held back, often released after the DLP), don't release it until the snags are closed. If you already paid in full with nothing held, you've lost that lever — which is exactly why you hold retention/final payment at handover. - Independent evidence: a snagging report/inspection documenting the defects strengthens your position.
Common mistake: chasing fixes by phone with no written record and no money held back — easy to stall. Put it in writing against the DLP, hold retention, and if you need the defects properly documented or fixed, a finishing and snagging specialist can inspect and evidence them. Anyone got stalled snags moving — what actually worked?
Retention is the whole game. The one time we held back a proper retention until snags were closed, the "we're very busy" suddenly became fixed-within-the-week; the time we'd paid in full, the same contractor ghosted us for months. Put every defect in writing with photos against the DLP clause, and never release the last chunk of money until it's actually done. Politeness plus a paper trail plus withheld cash moves things; phone calls alone don't. Wish we'd known that before paying one lot in full.
Also worth reading your contract for the exact DLP length and what's in/out of scope before you argue — knowing you're within the window and citing the clause changes the tone of the conversation. And separate genuine defects from wear or your own marks, because mixing those in lets them dismiss the whole list. A tidy, dated, photographed defect list referencing the DLP, with retention still held, is a strong position. It's process, not shouting, that gets snags closed — the documentation does the work.
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