How to carry out a snagging inspection, what the defects liability period covers, and how to enforce it.
Snagging is the process of identifying defects and incomplete works at or near practical completion of a building project. A snagging list is produced and agreed with the contractor -- who is then responsible for remedying all items on the list before the final account is certified and retention released. Getting the snagging process right is critical to receiving the project you paid for.
The snagging inspection should be carried out by a competent person -- either the appointed project manager/contract administrator, a specialist snagging surveyor, or the facilities manager if they have sufficient technical knowledge. Work systematically through each room and each element. Common snag items include: poor paint finishes, misaligned doors, incomplete ironmongery, unfinished floor edges, sealant missing or poorly applied, damaged items not yet replaced, and documentation not yet provided.
After practical completion, the defects liability period (DLP) begins -- typically 12 months for construction projects. During the DLP, the contractor is obliged to return and repair any defects that emerge, at no additional cost. The second half of the retention (typically 2.5% of contract value) is released at the end of the DLP, once a defects inspection has been carried out and all outstanding items are resolved.
Latent defects are defects not discoverable at completion -- typically problems with structure, foundations, or installed systems that only become apparent over time. Under the Limitation Act 1980, claims for latent defects can be brought within six years of completion (or twelve years if the contract is executed as a deed). Retain all project documentation for at least this period.
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