Writing a Defects Liability Letter: Template and Guidance

Summary

Most small trades finish a job, get paid, and hope the phone doesn't ring. On larger domestic projects and almost all commercial or subcontract work, there is a formal defects liability period (DLP), also called the rectification period or maintenance period. During it, the contractor must return to fix defects that appear, and part of the price (the retention) is often held back until it ends.

A clear defects liability letter protects both sides. The customer knows exactly how to report a problem and what counts as a defect. You get a defined window, a process that stops "while you're here" requests turning into free extra work, and a clear trigger for releasing retention money. Without one, retention often goes unreleased for years because nobody formally closes out the period.

The common misconception is that once the DLP ends, the contractor is free of liability. It isn't so. The DLP is a right and duty to return and fix. Liability for defective work continues for 6 years under a simple contract, 12 years if executed as a deed, and up to 15 years (or 30 years for some claims) for dwellings under the Defective Premises Act 1972 as extended by the Building Safety Act 2022. A good letter is honest about this rather than implying cover ends with the DLP.

Key Facts

• Defects liability / rectification period — a contractual period, starting at practical completion, during which the contractor must return to make good defects at its own cost.
• Typical length — 6 or 12 months on building contracts. 12 months is common on new-build and heating work (one full heating season). Domestic jobs often use 6–12 months.
• JCT terminology — "Rectification Period" (JCT 2016 suite), ending with a Certificate of Making Good issued by the contract administrator.
• Retention — usually 3–5% of the contract sum. Typically half is released at practical completion and half at the end of the rectification period once defects are made good.
• Practical completion — the work is complete for practical purposes, with only minor items (snags) outstanding that don't stop the customer using the property.
• Limitation Act 1980, s5 — 6 years from breach for simple contracts.
• Limitation Act 1980, s8 — 12 years for contracts executed as a deed.
• Limitation Act 1980, s14A — latent damage in negligence: 3 years from when the claimant knew, subject to a 15-year longstop (s14B).
• Defective Premises Act 1972, s1 — work on dwellings must be done in a workmanlike manner with proper materials so the dwelling is fit for habitation. The limitation period is 15 years for claims accruing after 28 June 2022, and 30 years retrospectively for earlier claims (Building Safety Act 2022, s135).
• Consumer Rights Act 2015, s57 — you cannot exclude or restrict liability for reasonable care and skill to a consumer. A DLP clause must not suggest otherwise.
• Defect vs wear and tear — a defect is a failure to meet the contract or a required standard. Damage from misuse, lack of maintenance, alterations by others, or normal shrinkage within tolerance is not.
• Contractor's right to return — under most contracts, the contractor has the right (not just the duty) to fix defects itself. A customer who hires someone else without notice may only recover what fixing it would have cost you.

Quick Reference Table

Detailed Guidance

When to send each letter

Letter 1: Start of defects liability period (template)

[Your business name and address] Date: [date] Customer: [name and site address] Job reference: [quote/invoice number]

Dear [name],

Completion of works and defects liability period

Thank you for having us carry out [brief description of works]. We confirm that the works reached practical completion on [date].

Defects period. Under our agreement, the defects liability period runs for [6/12] months, from [start date] to [end date]. If any defect in our materials or workmanship appears during this period, we will return and put it right at no cost to you.

Outstanding snags. The following minor items were agreed at handover and will be completed by [date]: [list, or "none"].

How to report a defect. Please email [address] or text [number] with a description and, if possible, a photo. We will acknowledge within [2] working days and arrange a visit within [10] working days, or sooner for anything affecting safety, water or heating.

What is not covered. Damage caused by misuse, accidental damage, lack of reasonable maintenance (for example, not bleeding radiators or not servicing the boiler annually), alterations by others, and normal settlement or shrinkage within British Standard tolerances.

Retention. [If applicable:] £[amount] ([x]%) is held as retention and is due for release on [end date] once any defects notified during the period have been made good.

Your rights. This defects period is in addition to your statutory rights under the Consumer Rights Act 2015 and does not reduce them.

Documents enclosed: [certificates, for example Building Regulations compliance certificate, Gas Safe certificate, Electrical Installation Certificate, manufacturer warranty registration, operating instructions].

Yours sincerely, [Name]

Letters 2 and 3: Responding to a reported defect

Respond in writing the same day if you can. Record:

• The date of the report and what was described.
• The date of your visit, and whether it is urgent (no heating or hot water, active leak, electrical danger).
• Your finding: a defect (you'll fix it), not a defect (reason, with evidence), or further investigation needed.

Where you decide it isn't your defect, explain why without blame. For example: "The crack in the plaster at the window reveal is 0.5mm hairline shrinkage, typical as new plaster dries out in the first heating season. This is within normal tolerance and can be filled at redecoration. If it widens beyond 2mm or reappears after filling, please let us know." Offer to make good anyway as goodwill if it's cheap. It often prevents a far more expensive dispute.

Where the customer has a genuine defect but has also contributed to it (say, a shower leak worsened by a blocked trap they didn't clear), fix your part and record the cause.

Letter 4: End of defects period (template)

Dear [name],

End of defects liability period: [job reference]

The defects liability period for the works completed on [date] ends on [end date].

Please let us know of any defects you'd like us to inspect before then. We'd also like to arrange a short final inspection on [proposed date].

Once any notified defects have been made good, the retention of £[amount] will fall due. We will invoice it on [date] with payment terms of [14] days, as agreed in our contract.

Thank you again for your business.

On subcontract work, send the equivalent letter to the main contractor and ask for the certificate of making good or the release date in writing. Retention left unchased is a major source of lost profit for subcontractors: see retention payment guide.

What counts as a defect: practical examples

Protecting yourself with records

The DLP is where disputes start, so evidence matters:

• Handover photos of every room or element, dated.
• Signed or acknowledged snag list at practical completion: see snagging list management.
• Test certificates and commissioning records (pressure tests, EICs, benchmark checklists).
• Maintenance instructions given to the customer. These support a "lack of maintenance" finding later.
• All defect reports and responses kept in the job file for at least 6 years, or 12 years for deeds and 15 years for new dwellings.

Frequently Asked Questions

Do I have to give a defects period on a small domestic job?

No contract term requires one. But consumers still have Consumer Rights Act remedies for work not done with reasonable care and skill, for up to 6 years. A stated 6- or 12-month workmanship period mainly helps you, because it sets out the process and shows you stand behind your work. It cannot be used to cut statutory rights.

Can the customer get someone else to fix a defect and send me the bill?

If they gave you no chance to fix it, they can usually only recover what it would have cost you to put it right, and they may have breached a contract term giving you the right to return. If you were notified and failed to act within a reasonable time, they can generally recover the reasonable cost of another contractor.

When should retention be released?

Typically half at practical completion and the balance at the end of the defects period, once notified defects are made good. Put the release dates in writing at the outset and invoice for retention on the due date. Many subcontractors lose retention simply because they never ask.

Does the defects period restart after I fix something?

Not automatically. Unless the contract says otherwise, the period runs from practical completion. Some contracts and some manufacturer warranties apply a fresh period to replaced components. If you want to offer that, say so in Letter 3.

What if the customer refuses access to fix a defect?

Record your offers in writing with proposed dates. A customer who unreasonably refuses access may lose the right to recover the cost of having someone else fix it, or have any damages reduced for failing to mitigate their loss.

Regulations & Standards

• Consumer Rights Act 2015 — s49 (reasonable care and skill), s55–56 (repeat performance and price reduction), s57 (liability cannot be excluded)

• Limitation Act 1980 — s5 (6 years, simple contract), s8 (12 years, deed), s14A–14B (latent damage, 15-year longstop)

• Defective Premises Act 1972, s1 — fitness for habitation of dwellings; limitation extended by Building Safety Act 2022, s135

• Housing Grants, Construction and Regeneration Act 1996, Part II — payment provisions in construction contracts, including retention payment notices (domestic homeowner contracts excluded under s106)

• JCT 2016 and 2024 suites (MW, IC, SBC) — Rectification Period and Certificate of Making Good provisions; the 2024 editions keep the same default periods

• NEC4 Engineering and Construction Contract — defects date and Defects Certificate

• BS 5385 (series) — wall and floor tiling, including tolerances often used to judge tiling defects

• Limitation Act 1980 — legislation.gov.uk

• Defective Premises Act 1972 — legislation.gov.uk

• Building Safety Act 2022, section 135 — legislation.gov.uk

• Consumer Rights Act 2015 — legislation.gov.uk

• JCT contracts — Joint Contracts Tribunal

• retention payment guide — chasing and releasing retention money

• snagging list management — agreeing snags at practical completion

• snagging letter — templates for snagging correspondence

• warranty guarantees — warranties and insurance-backed guarantees for trades

• consumer rights — the Consumer Rights Act 2015 for tradespeople