Updated · 3 min read
In short
- Hidden defects of workmanship found after handover are usually still the contractor's responsibility.
- A workmanship defect differs from normal behaviour of materials — an independent assessment may be needed.
- Document the problem and notify the contractor in writing; an expert report helps if they refuse.
What statutory rights cover for defects found later
In most countries the law gives a period during which the contractor remains liable for defects of workmanship discovered after the work has been handed over. This protection covers defects that weren't visible or identifiable at handover, not every later dissatisfaction — which is why clearly documenting the state of the work at handover remains essential, so you can show later that a defect appeared rather than already existed.
Workmanship defect vs. normal behaviour of materials
Not every problem that appears after a few weeks is automatically covered — a hairline crack from normal drying of materials is fundamentally different from a leak caused by badly installed waterproofing. The distinction between a workmanship defect (covered) and normal behaviour or wear of materials (not covered) is often the main source of dispute, which is why an objective assessment, sometimes with an independent expert, may be needed.
How to proceed when you find a problem
First document the problem clearly — photos, a written description, the date you noticed it — then notify the contractor formally in writing, not just by phone. Most well-drafted contracts set a reasonable period in which the contractor must respond and put the problem right, and keeping this documentation protects both sides if they later disagree about the real cause.
What to do if the contractor refuses
If the contractor refuses to accept the problem as covered, the realistic next step is an independent technical assessment, which can clarify the origin of the defect objectively. With a written contract and solid documentation, legal options remain open, though they take time and resources — one more reason why a minimal, clearly written contract from the start makes any later conflict much easier. A consumer advice service in your country can explain your rights.

