Responsibility follows the contract, not the conversation. If the designer drew it and the contractor built it to the drawing, a defect is the contractor’s. If it was built correctly but the drawing was wrong, it is the designer’s. If neither was written down, it becomes an argument — which is why the paperwork matters more than people expect.
Here is who is responsible for what on a home project, what a defect liability period actually covers, and how to protect yourself before anything goes wrong.
Who is responsible for what
The designer or architect
For the design being sound and buildable, the drawings being accurate and coordinated, the specification being appropriate, and — where supervision is in scope — for checking that the work follows the drawings.
Not for the quality of workmanship itself, unless they are also executing. A designer who supervises should catch poor work; they did not perform it.
The contractor
For executing to the drawings and specification, workmanship, materials being as specified, site safety, their own labour, and making good any damage they cause.
Not for design decisions — though in practice a contractor fills every gap the drawings leave, which is precisely why gaps are expensive.
A turnkey firm
For everything within their written scope, because design and execution sit with the same party. That is the genuine advantage of the model and also its weakness: there is no independent check built in. Worth asking how they handle their own quality control.
You
For decisions made in time, for approvals, for payments on schedule, and for anything you instructed directly to a trade without routing it through the process. That last one causes more disputes than any other client behaviour — a verbal instruction to a carpenter on site sits outside everyone’s contract.
Defect liability — what it actually is
A defined period after handover during which the contractor returns and fixes defects in their work at no cost. Twelve months is common in residential work; some firms offer longer on specific elements.
It typically covers: workmanship failures, joinery that drops or warps, leaks from work they did, paint and polish failures, hardware failures within warranty, and settlement cracks beyond normal.
It typically does not cover: normal wear, damage you caused, material moving within expected tolerance — solid timber gapping slightly in a dry winter is not a defect — anything you altered afterwards, or failures caused by lack of maintenance such as stone that was never resealed.
Get the period, its start date and what it covers in writing before signing. “We will look after you” is not a defect liability clause.
Retention, which is your real protection
The most effective mechanism available to you, and the simplest.
Hold a meaningful final instalment payable only after snagging is signed off, and retain a small percentage through the defect liability period. If almost everything is paid before handover, there is very little commercial reason for anyone to come back.
This is standard practice, not an insult, and a reputable contractor will expect it.
The documents that decide any dispute
- The signed scope, with inclusions and exclusions listed
- The drawing set, which establishes what was supposed to be built
- The specification schedule, naming materials by brand and product — this is what proves a substitution
- The payment schedule, tied to deliverables
- Written variation notes, each with cost and time impact, approved before execution
- Site reports and photographs
- The snag list, and its sign-off
- Warranties, with expiry dates
If a dispute arises and these exist, it resolves quickly. If they do not, it becomes one person’s recollection against another’s.
Common grey areas, and how to close them
Material substitution. “That brand was unavailable so we used an equivalent.” Close it by naming products in the specification and requiring written approval for any substitution.
Damage to existing finishes. Close it by photographing everything before work starts, including existing damage.
Work by others. If your own carpenter or electrician works alongside the main contractor, responsibility blurs immediately. Define who is accountable for what, in writing, before they start.
Delay. Close it with a written programme and a monthly update against it. A slip known in week nine can be absorbed; one discovered in week twenty-two cannot.
Things you asked for verbally. Put instructions in writing, even brief ones on WhatsApp. This protects the contractor as much as you.
If something does go wrong
- Document it immediately — photographs, dates, what you observed
- Raise it in writing, referencing the drawing or specification it departs from
- Give a reasonable chance to fix it. Most defects are remedied without argument when raised early and specifically
- Do not withhold payment beyond retention without advice — it weakens your position if it is disproportionate
- Escalate in writing, keeping the record factual rather than emotional
The great majority of problems are resolved at step three. Raising something specifically in week six is a five-minute fix; raising it generally at handover is a dispute.
Frequently asked questions
Who is responsible if something goes wrong during a renovation?
It depends on whether the fault is in the design or the execution. If the work departs from the drawings, it is the contractor’s. If it was built correctly to a drawing that was wrong, it is the designer’s. On a turnkey contract, both sit with the same party.
What is a defect liability period?
A defined period after handover — commonly twelve months in residential work — during which the contractor fixes defects in their own work at no cost. It covers workmanship failures and leaks from their work, not normal wear, damage you caused, or failures from lack of maintenance.
How much should I hold back until the work is complete?
Keep a meaningful instalment payable only after snagging is signed off, plus a small retention through the defect liability period. Without it there is little commercial incentive for anyone to return for the final details.
What if the contractor used different materials than specified?
This is why the specification schedule should name products by brand and model rather than by category. With that in the contract, a substitution is demonstrable. Require written approval for any change.
Should I put instructions in writing?
Yes, always, even brief messages. Verbal instructions given directly to a trade on site sit outside everyone’s contract and are the most common source of “I never asked for that” disputes. Writing protects both sides.
How we handle it
We set scope, exclusions, fee stages and the variation process out in writing before any drawing begins, issue a specification naming actual products, and supervise against the drawings — which means someone independent of the contractor is checking the work on your behalf.
If you are about to appoint anyone, talk to us first. See also how to read a quotation, choosing a contractor, and questions worth asking any firm.
About Pochē Aesthetics
Pochē Aesthetics — also written Poche Aesthetics — is a luxury residential architecture and interior design practice based in Greater Kailash, New Delhi, founded and led by architect Niyati Satsangi. Over more than twelve years the practice has designed private homes — farmhouses, villas, builder floors and apartments — across Delhi NCR and India, handling architecture, interiors, materials, lighting and styling as one connected commission, alongside select restaurant and commercial work. More about the practice.