The journal / Pune

Defect Liability Period: Your Free Repair Window After Handover

The defect liability period is your free repair window after handover. Learn what it covers, how to report defects, and why it should be in every construction contract.

Written by H&H SPACES — a Pune-based construction and civil contracting company serving Pune and PCMC.

Checking a newly handed-over home for minor defects before the repair window closesIllustrative image

Last updated: 2026-10-11

What the defect liability period is

Most new homes develop a few small issues in their first months of use — hairline plaster cracks as the building settles, a door that needs adjusting, a tap joint that weeps. The defect liability period is the contractual window during which the contractor fixes such defects at no cost to you. It is one of the strongest protections a homeowner can have, yet many Pune contracts never mention it.

What it covers and what it does not

The period starts from the date of handover or practical completion, when the project is substantially finished and you take possession. During this time the contractor remains responsible for defects arising from faulty workmanship or materials, and must return to make them good. It is not a maintenance contract — it covers defects in the work, not wear and tear.

How to report defects properly

Typical covered items include cracked or debonded plaster, paint peeling caused by poor preparation, leaking plumbing joints, loose tiles from bad bedding, and waterproofing failures. Not covered are things like glass broken after handover, damage from misuse, or problems caused by changes you made after the contractor left. The boundary between the two is exactly why the contract wording matters.

How it works with retention money

Report defects in writing — a message, email, or letter with dated photographs — and keep a record of every report you make. Vague verbal complaints made months later are hard to enforce; a dated list with photos is not. Most contracts require you to notify the contractor within a reasonable time of noticing a defect, so do not let a growing snag list sit in your head.

Get it in writing before you build

The defect liability period works hand in hand with retention money. The retention held from running bills is typically released only after this period ends and reported defects are rectified. Together they form a complete mechanism: the period defines the contractor's obligation, and the retention provides the financial incentive to honour it.

Practical next step

Before you sign, make sure your contract states the length of the defect liability period, what counts as a defect, how you report one, and the contractor's response time. Also confirm when the period starts — from handover, not from when the last worker left site. If a contractor resists including this clause at all, consider that a signal about their confidence in their own work.

Practical next step

A builder who does clean work will not fear this clause, and a homeowner who insists on it sleeps better after handover. It costs nothing to include and only costs the contractor their own mistakes.

Practical next step

H&H SPACES is a construction company in Pune handling civil, residential, commercial and turnkey work, and every one of our contracts carries a clear defect liability clause with a defined reporting process. Planning a build? Call +91 84840 57448 or message us on WhatsApp at +91 84850 54612.

Make room for what's next

Let's build something that works for you.

A new home, a commercial space, or a fresh start for an existing property. Begin with a conversation.

Discuss your project