Warranty Disputes: What You're Actually Liable For

‍‌​​‌​​​​‌​​‌‌​​​‌​‌‌​​‌​‌​‌​​‍When a customer comes back months or years later, you're not automatically on the hook forever -- but you do have real legal duties, and how you handle it can save you a lot of grief.

2.21.1 What the law expects from your workmanship

For domestic work, the Consumer Rights Act 2015 applies to most jobs you do for homeowners.

It says, in plain English:

• Your service must be carried out with "reasonable care and skill" -- basically the standard of a reasonably competent person in your trade, following industry standards, Building Regs and manufacturer instructions.
• If you don't, the customer has statutory rights to:
  • Ask you to put the work right (repeat performance), or
  • If that's impossible or can't be done in a reasonable time, ask for a price reduction and/or damages.

"Reasonable care and skill" focuses on how you did the work, not just whether something later failed. If you followed the right methods and standards, some failures may be bad luck or wear and tear rather than your fault.

Even if you never mentioned a "guarantee", the law still implies that basic workmanship guarantee into your contract.

2.21.2 Snags vs defects vs wear and tear

It helps to separate three things:

Snagging items

• Minor faults or imperfections that are to be expected at completion -- small cracks in filler as things dry, a bit of missed mastic, tiny paint misses.
• Usually dealt with as part of a snag list shortly after completion.

Defects

• Work that wasn't done with reasonable care and skill -- e.g. wrong fall on a shower tray, badly wired circuit, wrong materials, obvious breaches of Building Regs or manufacturer instructions.
• If it's your workmanship/materials at fault, it's your problem.

Wear and tear / customer damage

• Normal aging: grout discolouring, seals needing redoing after a few years, boilers needing servicing, traffic wear on a floor.
• Damage caused by the occupant: overloading shelves, flooding a floor, banging doors off their hinges.

The law expects you to fix snags and defects in your work within a reasonable period. It doesn't expect you to provide free maintenance forever.

2.21.3 Materials you supplied -- a separate obligation

If you supply and fit materials (which most trades do), the Consumer Rights Act 2015 also implies terms about the goods:

• Materials must be of satisfactory quality, fit for purpose, and as described.
• If a tap you supplied fails after 6 months and it's not wear and tear, that's potentially on you even if your fitting was perfect -- because you supplied it.

Distinguishing the two

• "My install was fine but the product failed" -- you may still be liable to the customer because you supplied it. You can then chase the manufacturer/supplier yourself.
• "The product was fine but my install was wrong" -- that's a workmanship defect, purely on you.

In practice, most trades handle product failures through the manufacturer warranty route as good customer service, but know that legally the customer's contract is with you, not the manufacturer.

2.21.4 Limitation periods -- how long can they chase you?

Under the Limitation Act 1980, most construction/workmanship claims are treated as simple contract claims.

Key points

• For simple contracts (what most small trade jobs are), the time limit is 6 years from the date of breach.
• In building work, the "breach" is usually when the defective work was done, not when the customer notices it.

So in many domestic cases:

• The 6-year clock starts around completion of the job (or when the relevant bit of defective work was finished).
• After 6 years, you normally have a solid limitation defence if they try to sue for breach of contract, unless:
  • You signed a deed (a more formal contract) -- that can carry a 12-year limit, or
  • There are other specific legal routes (rare in domestic).

Patent vs latent defects

• Patent defects -- could reasonably be seen at completion or soon after (e.g. obvious uneven tiling) -- the clock clearly starts at completion.
• Latent defects -- problems that only show later (e.g. a poorly formed junction causing water ingress years down the line).

For simple contract claims, courts still normally treat the breach as occurring when the work was done, even if it's discovered later. Specialist "latent defects" actions and insurance are different beasts and usually apply to bigger commercial/residential developments, not small domestic jobs.

Bottom line: for most trades, think in terms of up to 6 years of potential exposure on workmanship -- beyond that, it's much harder for a customer to take formal action.

2.21.5 "Reasonable" standards -- what you'll be judged against

When someone argues your work was defective, the question is: did you meet the standard of reasonable care and skill?

Courts and advisors look at:

• Industry standards and codes -- what a reasonably competent builder/plumber/electrician would do.
• Building Regulations -- if you've breached them, that's a strong sign you didn't use reasonable skill and care.
• Manufacturer instructions -- ignoring them is often taken as lack of reasonable care.
• The agreed spec and price -- you're not expected to deliver a Rolls-Royce job for banger money, but you must still be competent.

If there's a dispute, both sides may bring in an independent expert to say whether the work hits that standard.

2.21.6 Your obligations when a customer complains

Legally and practically, when a customer says there's a problem:

• Under the Consumer Rights Act, their first port of call is usually the right to repeat performance -- they can ask you to put the work right.
• You have to do that within a reasonable time and without significant inconvenience to them, and at your cost, if the issue is genuinely down to your lack of reasonable care and skill.

So:

• You should go back and inspect the issue, even if you're sceptical -- that's the adult move and it looks good if things escalate.
• If it's clearly your fault (within a reasonable time), you put it right.
• If you disagree, you still behave reasonably -- explain why you don't see it as defective, and if needed suggest getting an independent opinion.

Charging to attend

• Charging a call-out to look at something that could be your defect is generally a bad look -- and may be wrong if it clearly relates to your earlier work.
• If you do need to charge (e.g. the job was 3 years ago and it's clearly not related to your work), explain why before you go, not when you get there. Surprise call-out fees on a warranty visit are how you get a 1-star Google review.
• Charging for extra work where it's clearly wear and tear, misuse, or outside your original scope is fine -- but explain it clearly up front.

The customer's duty to mitigate

Worth knowing: if a customer spots a problem with your work (say a leak) and leaves it for months until it rots the floor, they can't claim the full floor replacement from you. They had a duty to mitigate -- to take reasonable steps to limit the damage, like telling you or getting the leak stopped. This doesn't get you off the hook for the original defect, but it can reduce what you owe for consequential damage.

2.21.7 Work you subbed out

If you hired a plumber to do the plumbing on your bathroom refit and his work is defective, the customer's contract is with you, not him.

• You're liable to the customer for the whole job, including the sub's work.
• You then chase the sub for their part.
• This is why having something in writing with your subs matters -- even a basic email confirming scope, price and that they'll put defects right.

Don't try to fob the customer off with "that wasn't my bit, speak to my plumber." It's your job, your contract, your problem -- then you sort it with the sub afterwards.

2.21.8 Handling a warranty claim like a grown-up

When the call/text/email lands:

Acknowledge it

"Thanks for letting me know -- I'll come and have a look so we can see what's going on."

Inspect on site

• Arrange a visit as soon as reasonably practical.
• Take photos, notes, and if possible, look at your original quote/invoice to see what was agreed.

Work out which bucket it's in

• Snag still showing?
• Clear workmanship defect?
• Product failure (yours to handle or manufacturer route)?
• Damage / wear and tear?

Explain your view in plain English

• "This is where the work has failed, and yes, that's on me -- I'll put it right."
• Or: "The issue here is [wear and tear / customer damage / product failure], so it's not a defect in the way we did the work. I can quote to fix it if you like."

Offer a resolution if it's on you

• Fix it properly, not a bodge.
• Agree a timescale and stick to it.

Keep a record

• Keep notes, photos and any emails -- if it blows up later, you've got a trail.

If you're polite, responsive and fix genuine issues, you often avoid it turning into a formal dispute.

2.21.9 When to involve your insurer

Professional indemnity (PI)

PI comes into play where the allegation is more than just a simple snag -- usually:

• Claims that your design, advice or specification was negligent and caused loss.
• Higher-value defects, major leaks, structural issues, or multi-trade failures.

You should:

• Tell your PI insurer as soon as you get a serious written complaint or hint of a claim, not after you've argued for months.
• Follow their instructions -- they may want to appoint a loss adjuster or solicitor, and may restrict what you admit in writing.

If you don't have PI

Most small domestic-only trades don't have PI, and it's not always required. If a big claim lands and you don't have PI:

• Check your public liability policy -- some PL policies cover faulty workmanship claims (some don't). Read yours or ask your broker.
• If neither PL nor PI covers it, your options are: negotiate directly, or get a solicitor.
• Don't just ignore it. A claim that starts as a letter can end up as a county court judgment and a CCJ on your credit file.

2.21.10 Your guarantee vs manufacturer and insurance-backed guarantees

You've usually got three separate things floating around:

Your own workmanship guarantee

• Whatever you say in your quote/website ("12-month workmanship guarantee", "we stand by our work for 2 years").
• This sits on top of the legal rights -- you can't give less than the law, but you can choose to give more.

Manufacturer's guarantee/warranty

• Boiler manufacturers, roofing products, windows, etc. have their own guarantees -- 5, 10, sometimes 25 years.
• These usually cover the product, not your labour -- and often require registration, annual servicing or correct installation.
• If a part fails but your install is fine, you can point the customer to the manufacturer route (though many trades help handle the claim as good service).

Insurance-backed guarantees (IBGs)

• Things like QANW, BLP, HomePro, and Kinnell that back up your guarantee if you go bust or retire.
• The customer can claim directly from the insurer if you're no longer around -- it doesn't replace your responsibility while you're trading.
• Some trade body memberships include IBGs as part of the package (e.g. FMB warranty, some NICEIC schemes) -- check what your membership offers.

Be clear in writing which is which

• "We guarantee our workmanship for X months/years."
• "Your boiler/windows also carry a Y-year manufacturer's warranty -- see their paperwork."
• "This installation is covered by an insurance-backed guarantee from [provider]."

2.21.11 Alternative dispute resolution -- before it gets to court

If you can't agree with the customer and it's heading towards a formal dispute, there are middle-ground options before court:

• Mediation -- a neutral third party helps you and the customer reach an agreement. Cheaper and quicker than court. Many small claims courts now expect you to have tried mediation first.
• Trade body complaints process -- if you're a member of FMB, NICEIC, Gas Safe, TrustMark, etc., they often have their own dispute resolution or complaints procedure. Using it shows good faith.
• Ombudsman schemes -- some sectors have formal ombudsman routes (e.g. the Furniture & Home Improvement Ombudsman covers some home improvement work).

See guide 2.9 for the full comparison of mediation, adjudication and court.

What to do next

To put some armour around yourself for future disputes:

• Be clear in your quotes/terms about:
  • How long your workmanship guarantee lasts.
  • What's covered (defects in your work) and what isn't (wear and tear, lack of maintenance, customer alterations).
• Keep basic job records -- spec, materials used, dates, photos -- so you can see what you actually did when someone calls later.
• When a complaint lands, go and look, sort genuine issues, and write down your findings -- don't ignore it and hope it goes away.
• If a claim looks big, or it's about your design/spec rather than simple workmanship, speak to your insurer or a solicitor early rather than after it's blown up.

Sources

• Consumer Rights Act 2015 -- legislation.gov.uk/ukpga/2015/15/contents/enacted -- statutory rights for consumers including reasonable care and skill, repeat performance, and goods quality.
• Supply of Goods and Services Act 1982 -- legislation.gov.uk/ukpga/1982/29/contents -- implied terms about care, skill and materials in service contracts (largely superseded by CRA 2015 for consumer contracts but still relevant for B2B).
• Limitation Act 1980 -- legislation.gov.uk/ukpga/1980/58/contents -- time limits for bringing contract and tort claims (6 years simple contract, 12 years under deed).
• Civil Procedure Rules -- gov.uk/government/collections/civil-procedure-rules -- court procedures for small claims and fast-track disputes.
• Commentary on workmanship standards, limitation periods and consumer remedies in domestic construction.

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