Is My Builder Responsible for Defects?
Generally yes, where the fault comes from the work they did or the materials they supplied. The detail is in what counts as a defect and who you contracted with.
The short answer
Generally yes, if the fault comes from their work or the materials they supplied.
In most cases, yes. The builder you contracted with is responsible for defects caused by their workmanship or by materials they supplied, both under the law and under any workmanship warranty they gave you. Under the Consumer Rights Act 2015, a service must be carried out with reasonable care and skill, and goods supplied as part of it must be of satisfactory quality and as described. If the work falls short, the builder is generally expected to put it right at their own cost. They are not usually responsible for problems caused by something else: an existing fault they weren't asked to fix, later damage, or wear and tear.
That is the principle. The rest of this page explains how to tell the difference, and why the question of who you contracted with matters. For the practical side of dealing with a fault, see dealing with defective workmanship.
Where the line usually sits
What is and isn't normally the builder's responsibility
Usually the builder's
- Faults in the work they carried out
- Faulty or unsuitable materials they chose and supplied
- Work that doesn't match what the quote or contract described
- Damage their work caused to other parts of your home
- Problems caused by their own subcontractors
Usually not the builder's
- Existing faults outside the agreed scope
- Damage from later storms, accidents or other trades
- Normal wear and tear over time
- Materials you supplied yourself, unless fitted badly
- Design choices you insisted on against their advice, if recorded
Who you contracted with
Responsibility follows the contract
The business responsible for defects is the one you contracted with for the work. That sounds obvious, but it matters when several parties are involved. If your builder used a subcontractor for part of the job, the builder usually remains responsible to you for that part too. Our answer on who is responsible for a builder's subcontractors explains why.
Where a company arranges your project but a separate contractor carries out the work, check which of them your contract is with. The quote or contract should say plainly who the contractor is. The one who carries the work under contract carries the responsibility for it. Our guide to what a main contractor is responsible for sets out the usual split.
The grey areas
Where responsibility is less clear-cut
A problem that was already there
On a roof repair, for example, a leak may come from a part of the roof nobody touched. If the builder was asked to repair one area, they are responsible for that area, though a good one will tell you if they spot something else.
Vague scope
If the quote just says "repair roof", it is harder to say what was promised. A clear written scope makes responsibility much easier to settle. See what a building quote should include.
Faults that appear later
A defect can take months to show. If it comes from the original work, the builder may still be responsible, subject to the warranty terms and legal time limits.
Warranty and the law
Two sources of responsibility
Your builder's responsibility can come from two places. The first is the workmanship warranty, a promise in your contract that they will put right defects in their work for a set period. The second is the law, which applies whether or not there is a warranty. The two sit side by side: a warranty adds to your legal rights, it doesn't replace them.
Our answer on your rights under the Consumer Rights Act explains the legal side. This is general information, not legal advice.
When you spot a defect
Getting the builder to take responsibility
Responsibility on paper only helps if the builder acts on it. This order of steps gives them every reason to.
Report it promptly
Raise the problem as soon as you notice it. An early report is easier to investigate, and many warranties expect it.
Describe it and show it
Say what you can see, where and since when, and send dated photographs. Link it to the work they did: "the new gutter joint above the back door is dripping".
Ask for a visit, not an argument
Request an inspection and a proposal for putting it right. Whether it is their responsibility is easier to agree once they have looked at it.
Agree the fix in writing
Once they propose a remedy, confirm what will be done and when. If the defect shows up at the end of a job, it belongs on the snagging list before the final payment. See final payment and snagging.
If you use Mortaro
Your contractor is named, so responsibility is clear
With Mortaro, your quotation names the main contractor carrying out the work before you commit, and your construction contract is with them. That contractor is responsible for their workmanship and provides the workmanship warranty: a minimum of 12 months across our network, usually from completion, with exact terms in your quotation.
Mortaro coordinates the process and administers payments; we don't build, inspect or sign off the work. What we do when a defect is reported is escalate it to your contractor and keep pressing for a resolution. Contractors who fail to meet our standards are removed from the network. More on who you're dealing with.
Straight answers
Questions about responsibility for defects
Does the builder have to pay to fix their own defects?
Generally, yes. Where work wasn't carried out with reasonable care and skill, the builder is usually expected to put it right at their own cost. See who pays to put defects right. This is general information, not legal advice.
What if the builder says it isn't their fault?
Ask them to explain why in writing. If you still disagree, an independent report from a surveyor or other qualified professional can settle what caused the problem.
Start here
Tell us about the work you have in mind
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