Contractor will not repair defects after completion: what can you do?

1. Compare the defect with the agreed performance

Start with the construction contract, quotation, drawings and agreed changes. Then describe what you actually find. An uneven floor, leaking roof and damaged door are different failures requiring different investigations. For each point, identify the agreement or performance you consider missing.

Separate a technical defect from disappointment about appearance. A photograph of tile colour, for example, does not itself show a breach of the agreed finish. Also collect the approved sample, quotation or message confirming the choice. Together these allow you to formulate the complaint precisely.

For construction of structures under the new regime, article 7:758(4) BW matters: the contractor is liable for defects not discovered at completion unless they are not attributable to the contractor. IPLO states the new provision does not apply to agreements made before 1 January 2024. It cannot be departed from to the detriment of private clients. Have the contract date and client’s capacity considered explicitly. A point missing from the completion report is not the same as establishing that it was not discovered then.

Official explanation: Official explanation.

2. Report the defect immediately and preserve receipt

ACM ConsuWijzer advises reporting mistakes during or after work as soon as possible. Do not wait for the next periodic check when discovering a defect later. Describe discovery, visible consequences and the help requested. Where possible, send an overview with numbered photographs and request a written reply.

Do not use one general fixed complaint deadline as though every construction dispute were identical. The applicable regime, agreement and discovery date need assessment. Keep the original message, proof of sending and response. If the contractor responds by telephone, briefly confirm what you understood and request correction if inaccurate.

Keep a separate limitation calendar alongside prompt reporting. Under article 7:761 BW, a legal claim concerning a defect in completed work is generally time-barred two years after the complaint. If you gave the contractor a period to remove the defect, that period starts only after the repair deadline, or earlier when the contractor says it will not repair. Record complaint, repair deadline and any refusal. This is distinct from whether you reported promptly enough.

For structures, article 7:761 also specifies an absolute period of twenty years after completion. During investigation or repair promised by the contractor, a statutory extension may operate under paragraph 3’s conditions; not every discussion automatically creates a fresh two-year period. Before a possible end date, assess whether timely interruption of limitation or proceedings are necessary. An ongoing phone conversation, new inspection or insurance file is not itself a safe reason to overlook limitation.

For this follow-up question, read Construction defects: distinguish complaints, limitation and interruption.

3. Preserve evidence before conditions change

Take overview and detailed photographs and record date and location. Keep earlier completion reports, work notes and messages about the same complaint. If cause is disputed, an independent building expert can explain the investigation question and observations needed. Agree the engagement and costs beforehand.

For necessary emergency repairs, ask what can still be documented. Do not leave a dangerous situation in place to preserve evidence, but where possible avoid all traces disappearing without a record. An expert must distinguish original condition, later repair and suspected causes. A new quotation alone does not automatically prove all those costs are recoverable from the first contractor.

4. Offer a concrete and suitable repair opportunity

Where repair is possible and the contractor responsible, a clear written repair request is appropriate. ConsuWijzer mentions a final opportunity by letter or email with a reasonable period. Identify the points to investigate or repair and how access to the home can be arranged.

Reasonableness depends on the work, available materials and urgency. Do not routinely give a loose skirting board and complex structural investigation the same deadline. If uncertain, assess whether your letter is legally sufficient and another repair opportunity remains necessary. A broken relationship alone does not automatically justify every other step.

For this follow-up question, read What repair deadline should you give a contractor? Make it feasible and verifiable.

5. Be careful with withholding, replacement and termination

Want to withhold part of the bill, engage someone else or end cooperation? First submit the contract and earlier repair requests for advice. These choices have different consequences for payment, site access, evidence and further work. Deciding to stop differs from legally justified termination for breach.

Ask a construction lawyer which measure fits the complaint’s seriousness and extent. Discuss properly completed work and undisputed amounts too. A substantial withholding or immediate replacement engagement may broaden the dispute if its basis or proportionality has not been adequately examined.

For this follow-up question, read Having another contractor repair a construction defect: prepare the transition.

6. Check where proceedings belong

Read the complaint procedure, guarantee and dispute agreement in your contract. A contractual reference still needs assessment for applicability and validity in your situation. Do not choose solely by the title of a dispute body. A work guarantee and procedural agreement also answer different questions.

At the first consultation ask what route is available and about costs, expert questions and repair options. Show any summons or formal response immediately. If you have legal expenses insurance, report the dispute under its terms and ask what assistance and costs are covered.

If you have an applicable legal expenses policy, read about reporting the dispute and responding to refused cover. Having a policy does not guarantee cover.

7. Fictional example: a bathroom keeps leaking

Suppose moisture appears after completion in the ceiling beneath a bathroom. The contractor says it is user damage. The owner wants all tiles removed immediately. There are photographs of the damp patch but no investigation yet into the water source.

Focused preparation means confirming the complaint in writing, offering access for investigation and discussing the expert question with a building professional. If immediate intervention is necessary, the owner documents the condition and reason. An adviser can then assess the repair route. This fictional example does not prove liability for an actual leak.

If cover for damage to your own building is also disputed, read about the separate buildings insurance claim. Liability and repair obligations remain separate questions.

8. Checklist before consulting a construction lawyer

Describe your desired outcome and current practical situation. Can the home be used safely? Is work continuing? Is any payment outstanding? Good answers help determine urgency.

• Agreement, quotation, drawings, terms and documented additional or omitted work arrangements.
• Completion report and defect list with discovery date and consequences for each.
• Photographs, investigations, earlier repair visits and correspondence.
• Invoices, payment evidence and your calculation of disputed sums.
• Written complaint, repair opportunity offered and any formal letters.

Turn one defects list into three separate decisions

A fictional bathroom has a leaking connection, damaged tiles and damp in the adjoining room. Do not treat this as a single item called ‘redo the bathroom’. The leak requires investigation of any safety or damage-limitation action. For the tiles, the agreed finish matters. The damp also raises questions about cause, consequential damage and repairs in another room. One quotation can conceal these different issues.

Ask for a repair proposal broken down by defect: investigation, proposed solution, timing, access to the home and checks after repair. Record what it leaves out. Before work starts, agree on photographs and keeping relevant parts where safe and possible. Your list supports discussion; it is not a technical finding of liability. If only part is resolved, identify outstanding items before signing a statement that everything has been settled.