Modern JCT contracts use the term “rectification period”. [1]
Check the period and notification procedure
Read the signed contract for the start date, duration, recipient of notices and procedure for inspecting and making good. JCT explains that the defects mechanism includes obligations and opportunities for the contractor to return, rather than being simply an expiry date for responsibility. Do not copy a period or notice deadline from someone else’s project. [1]
Make a diary entry before the end of the period and ask the appointed adviser when the final defects inspection and notification should occur. A reminder is useful, but it should not encourage waiting to report an urgent problem.
Keep a clear defects record
Use a dated log showing the location, symptoms, photographs, date reported, response and proposed remedy. Distinguish the problem you have observed from a technical diagnosis you have not obtained. RICS’s defects guidance addresses identifying, investigating and managing defects rather than assuming every visible symptom has the same cause. [2]
Where an item is disputed, ask the appropriate professional to assess it against the design, specification and relevant performance requirements. Record any inspection before finishes are removed or the evidence changes. Agree reasonable access arrangements for investigation and making good.
Understand the builder’s return visit
A consumer’s statutory right to repeat performance requires the trader to perform the service again to the extent necessary, within a reasonable time and without significant inconvenience, where the relevant conditions are met. It is not a reason to accept unlimited unsuccessful visits without a plan. [3]
Ask for a written repair method, appointment and any necessary follow-up inspection. Where repeat performance is impossible or the statutory requirements are not met, a price reduction may be available under the Consumer Rights Act. The circumstances determine the remedy; do not assume an immediate entitlement to any chosen replacement cost. [4]
Close the process without confusing the rights
Confirm which notified items have been made good and which remain unresolved. Retention release follows the contract’s payment provisions, so avoid holding an arbitrary amount indefinitely or releasing it simply because a calendar date has passed. [5]
Later defects can raise separate contractual, warranty or statutory issues. The Building Safety Act changed certain Defective Premises Act claim periods, but those rights do not apply identically to every snag or every project. Obtain advice promptly on a serious or disputed defect rather than assuming the contractual defects period settles all time limits. [6]