How to run an end-of-defects-liability-period inspection

Work backwards from the contractual date

Start by locating the certificate or event that began the period and the clause that defines its length. Do not rely on the project name in a calendar. Extensions, sectional completion, separately completed work and a fresh period for rectified elements can create more than one relevant date.

Next, identify the notice mechanism. The contract may require a defect notice to come from a particular person, use a specific address or be issued before the period expires. The contractor will also need a reasonable opportunity to investigate and rectify. An inspection three days before expiry leaves no margin for access, specialist review or a return visit.

In domestic work, do not assume that a builder’s short defect period is the same as the statutory warranty period. NSW Government explains that a builder’s own defect liability period is often stated in the contract and may be much shorter than the statutory warranties. Other states and contract forms differ.

Rebuild the record before you inspect

The end inspection is not a fresh snagging walk. It is a comparison between what was promised, what was recorded at handover, what has emerged during use and what remains unresolved. Assemble that history before arriving on site.

• The practical completion or handover defect schedule, including items marked resolved and their closure evidence
• Defects reported during occupation, with dates, correspondence and any contractor response
• Earlier inspection reports, consultant advice, test results and photographs
• Variations, maintenance records and damage reports that help separate defective work from later changes or misuse
• Warranty and commissioning information for equipment that has not performed as expected

Speak to the people using or maintaining the building. Intermittent leaks, doors that bind only in wet weather and plant that faults under a particular load may not appear during a two-hour walk. Ask for dates, frequency, conditions and any photographs rather than accepting a broad statement that something “never worked properly”.

Run the inspection in two passes

The first pass follows the existing register. Visit every open item and every item reported as resolved where recurrence is plausible. Compare the current condition with the original photographs and record one of three outcomes: resolved, still present or changed. Never overwrite the original description to match the new condition.

The second pass is a systematic building walk for defects that emerged during use. Follow the same area sequence used at handover and give particular attention to interfaces, movement, water management and operating systems.

Separate defects from damage, maintenance and change

Not every current problem belongs on the contractor’s final schedule. The inspection record should preserve the observation, but the contractual classification must be reasoned. A defect generally concerns work that does not meet the contract or applicable requirements. Damage after handover, ordinary wear, absent maintenance and later alterations may sit elsewhere.

Avoid deciding from age alone. A cracked tile might be defective installation, impact damage or movement from another cause. Photograph the surrounding area, record when it was first noticed, check earlier images and ask what changed. If cause matters to liability and remains uncertain, state that further investigation is required.

The QBCC describes defective work by reference to matters including the National Construction Code, relevant standards, manufacturer instructions and intended function. That is a useful reminder that a defect is not merely something the client dislikes, but the exact legal and technical test depends on jurisdiction and contract.

Issue a final schedule that can be answered item by item

Give each new item its own number and retain the original numbers for recurring items. State the location, observed condition, date, photographs and requested action. Where a specialist finding or contract requirement supports the item, cite it precisely rather than attaching a stack of documents without explanation.

Split the schedule into clear groups: original item still open, original item recurring, and new defect reported during the period. Keep owner damage, maintenance observations and matters requiring investigation visible but separately classified so they do not dilute the contractor list.

Issue the document through the contractual channel and keep delivery evidence. Ask the contractor to respond against each item with a proposed action and date. A reply that says “all defects will be attended to” is not a programme and gives nobody a basis for arranging access or reinspection.

Reinspect, preserve the history and close deliberately

Completion means the agreed work has been checked, not merely that a contractor attended. Revisit the item, compare it with the issue description and confirm that the repair has not damaged an adjacent finish. Add a closure photograph, resolution note and date. If access or testing prevents verification, leave the item open with the reason.

Only after the contractual closeout steps are satisfied should the relevant certificate or retention process move forward. If an item is disputed, preserve both positions and the evidence rather than deleting it to produce a visually clean report. The point of the final register is to show the real state of the project at closeout.

For the legal and commercial background, read the broader guide to the defects liability period. For the evidence format, use the guide to writing a defect report that gets fixed.