Snagging and Defects: How to Defend Yourself Against Claims

SiteKiln gives you plain-English information, not legal advice. If a customer is threatening legal action over alleged defects, talk to your insurer before replying in writing.

‍‌‌‌​‌​‌‌​​‌​​​‌‌​​​‌‌‌​‌​​​‌‌​‌​‍# Snagging and Defects, How to Defend Yourself Against Claims

Snagging rows are part of the job. Your aim is simple: fix what's genuinely wrong, stand your ground on what isn't, and leave a paper trail that backs you up if it ever goes legal.

1. Defect vs normal movement and wear

You're only on the hook for defects, not every crack, squeak, or blemish that appears after you leave.

Genuine defects (your problem)

• Work not done with reasonable care and skill · rough finishes, out-of-level, leaks, wrong materials, not to spec or regs
• Things that fail early because they were badly installed · loose balustrades, leaking showers, blown plaster from poor prep, tiles lifting from inadequate adhesive coverage
• Non-compliance with building regulations or manufacturer installation instructions
• Anything that a reasonably competent tradesperson in your field would recognise as substandard

Normal movement and wear (usually not your problem)

• Shrinkage and settlement cracks in plaster and timber as buildings dry out · fine hairlines at corners, around frames, and at junction points are expected in the first 12-18 months
• Seasonal timber movement · doors needing a tweak in spring and autumn, small gaps appearing at skirtings, floorboards moving slightly with humidity changes
• Normal wear · scuffs, chips, silicone ageing after years, faded paint on south-facing elevations
• Mastic and sealant · these are maintenance items with a finite life. Re-sealing a shower tray after 3-5 years is the customer's maintenance, not your defect
• Condensation and mould caused by the customer's failure to ventilate · if you advised on ventilation at handover and they ignored it, that's their problem

The test: if a reasonable mate in your trade would look at it and say "that's just the building bedding in" or "that's 3 years of wear", it's likely not a defect, especially beyond the first year.

2. Your legal duty and how long it lasts

Under the Consumer Rights Act 2015, any domestic building work is treated as a service.

Section 49 says you must perform the service with reasonable care and skill · to the standard of a reasonably competent person in your trade.

If you don't meet that standard, the customer can:

• Ask you to repeat the performance (put it right) at no extra cost: section 54 CRA
• If repeat performance is impossible or you fail to do it properly within a reasonable time, they can claim a price reduction · section 56 CRA

Time limits

Under the Limitation Act 1980:

So even if you only offer a 12-month workmanship guarantee, a serious workmanship defect can still come back at you within that 6-year window.

Your guarantee is the period where you promise to fix things proactively. The 6-year limitation is the period where they can force you to through the courts.

3. Right to return and remedy

Courts, trading standards, and Citizens Advice all work on this principle: if there's a genuine defect, the contractor should get a fair chance to put it right before the customer spends money elsewhere.

If the customer jumps straight to:

• "I'm getting someone else to fix it and I'll send you the bill", or
• "I want money off right now"

You're entitled to say (politely):

1. "Let me inspect the issue"
2. "We'll agree what's genuinely defective"
3. "Give me one reasonable opportunity to put it right"

If they've lost trust because of something genuinely serious (dangerous electrics, a collapsing wall), they may push back, and a court may side with them on getting an emergency fix.

But in most normal snagging situations, a court will expect them to have given you a reasonable opportunity to remedy before rushing to hire someone else at a premium and sending you the bill.

Get your offer to remedy in writing. If it ever goes to court, an email saying "I offered to inspect and fix the issues at no cost, but the customer refused access" is powerful evidence.

4. Handling a snagging list like a professional

When a domestic customer sends you a snag list:

Step 1: Acknowledge in writing

Thank them for flagging the issues. Confirm you've received the list. Propose a date to inspect together. Don't be defensive in the first reply · even if half the list is nonsense.

Step 2: Walk the job with the list

Go through each item on site, with the customer present.

Mark each item:

• Genuine defect: agreed. You'll put it right.
• Borderline: needs monitoring. For example, a crack that might be shrinkage but could develop. Agree to check again in 3 months.
• Not a defect: declined. Wear, movement, customer damage, change of mind. Explain why.

Step 3: Confirm the fix list and timeline in writing

Email them: "Following our walk-round on [date], here's what we've agreed to address, and the items we've discussed as normal settlement/wear..."

Be specific. "Fix sealant around bath", not "sort bathroom."

Step 4: Fix properly, not grudgingly

If it's your defect, do a decent repair. Half-hearted work just prolongs the fight and damages your reputation. Do it once, do it right, move on.

Step 5: Push back calmly on non-defects

Explain in plain English why hairline cracks, seasonal movement, or damage caused by the customer's furniture removal company are not your workmanship defects.

Back it with photos from handover (you did take handover photos, didn't you?) and, where relevant, reference to industry standards or manufacturer guidance.

That email trail: acknowledging, attending, agreeing, fixing, and explaining, is your best defence if it ever escalates.

5. Defective workmanship vs defective materials

Two separate issues that get confused constantly.

Defective workmanship (your installation)

You fitted it badly, didn't follow the manufacturer's instructions, or used the wrong method. That's on you, regardless of material quality.

• You either fix it or pay for it to be put right
• Your PI or PL insurance may cover the cost of rectification if it's genuine negligence

Defective materials (bad product)

The product itself is faulty, a boiler heat exchanger cracks, tiles delaminate, a door warps despite correct installation, a tap cartridge fails after 6 months.

• Under the CRA 2015, the customer's contract for the supply of goods is usually with you (because you supplied and installed) · so they can come after you first
• You then claim back from the supplier or manufacturer under your trade purchase terms or their product warranty
• Under the Sale of Goods Act (for B2B purchases from your supplier), you have rights against the merchant who sold you the product

How to protect yourself

• Keep all purchase receipts and manufacturer warranty documents
• In your paperwork, make clear that manufacturer warranties sit with the product and are separate from your workmanship guarantee
• When a product fails, help the customer navigate the manufacturer's warranty process · being helpful costs nothing and usually resolves it without a fight
• If the manufacturer rejects the warranty claim, you may need to pursue your supplier · keep your own purchase records for this

6. Protecting yourself at handover

Most snagging disputes are won or lost before you walk off site.

The handover routine that saves you

1. Snagging walk-round with the customer

Do a room-by-room walk at practical completion. Note any snags together. Agree which will be done now and which need a short bedding-in period (e.g., "we'll check the plaster cracks in 3 months once the heating's been on").

2. Completion photos

Take clear, dated photos of every key area, bathrooms, kitchens, tiling, external elevations, boundaries, drives, drainage. Include close-ups of finished details. Timestamp them (most phone cameras do this automatically).

These are your evidence of the condition when you left. Without them, it's your word against theirs.

3. Get sign-off

Even an email saying "We're happy the job is complete, subject to these listed snags" is worth having.

If they refuse to sign or confirm anything, write your own completion note: summarise what was agreed, what snags were listed, and when you'll return, and email it to them. That creates a record even if they don't reply.

4. Maintenance guidance

Give them brief written instructions on:

• Ventilation · especially in new kitchens and bathrooms
• Heating up new plaster and screed gradually
• Re-sealing showers and bath edges (every 12-18 months)
• Repainting external timber (every 3-5 years)
• Not blocking trickle vents in windows
• Cleaning gutters (annually)

This is your best long-term defence. When someone calls 3 years later saying "your work failed", you can point to the handover document that told them to reseal the shower annually, and they didn't.

Photos + snag list + sign-off + maintenance note = your defects defence pack.

7. Claims that surface years later

If someone contacts you 3-5 years after completion:

Get the detail first

Ask for a written description and photos of the issue. Check your records: when you completed the job, what you installed, what guarantee you gave, whether there was previous snagging.

Don't admit fault or promise anything in the first conversation.

Is it a defect or age/movement?

• Serious structural or safety issues (subsidence, major leaks, dangerous electrics) might still be your responsibility if caused by your workmanship
• Cosmetic cracks, old sealant, worn finishes, faded paint · almost certainly not your defect after 3+ years

Check product warranties

If it's clearly a product failure, point them at the manufacturer's warranty and help them use it if you can. That often resolves it without any cost to you.

Decide your stance

• If it's clearly your mistake and the fix is small: consider sorting it as goodwill to protect your reputation. Quietly tighten your process so it doesn't happen again.
• If it's honestly not a defect · explain why, offer a paid repair quote, and be polite but firm
• If it's borderline · a reasonable compromise (you supply materials, they pay labour, or split the cost) often defuses the situation and preserves the relationship

If they escalate

If they start writing "formal complaint", "trading standards", or "my solicitor":

1. Don't panic · most of these are bluster. But take them seriously.
2. Set out your position in writing · when the work was done, what you guaranteed, why you believe the issue isn't a defect (referencing industry norms, normal movement, maintenance expectations)
3. Do NOT admit liability in writing without talking to your insurer first · it can affect your cover
4. Contact your insurer if the claim looks serious or the amounts are significant

Most disputes settle with a clear, fair explanation plus a sensible paid repair quote. The ones that go to court are where communication broke down completely or the defect is serious and obvious.

8. When to involve your insurer

Relevant policies

• Public liability (PL) · covers damage to third-party property or injury caused by your work
• Professional indemnity (PI) · covers claims arising from your design, specification, or professional advice (if you design as well as build)
• Product liability · may cover claims arising from products you supply and install

The notification rule

Most PI and PL policies require you to notify your insurer of any claim or circumstance that might give rise to a claim as soon as reasonably possible · some specify within a set number of days.

If you don't notify in time, your insurer can use that as a reason to refuse cover. This is the single biggest insurance mistake tradespeople make with defects claims.

When to pick up the phone

Contact your broker or insurer when a customer:

• Alleges serious negligence or dangerous workmanship
• Mentions formal legal action, solicitors, or court
• Sends a letter before action or pre-action protocol letter
• Demands rectification costs that you can't absorb from your own pocket
• Claims for consequential losses (hotel costs while their house is uninhabitable, damage to their own property caused by your defective work)

Early notification protects you. Let the insurer manage the response, that's what you're paying the premium for.

What to do next

1. On your current job: plan the handover process · photos, snag walk-round, sign-off, maintenance note
2. On your next quote: include your guarantee terms (what's covered, for how long, what's excluded)
3. If a customer has sent a snag list: acknowledge it, propose an inspection date, and work through it professionally
4. If a claim has come in years later: get the facts, check your records, and talk to your insurer before admitting anything
5. Read our guide on guarantee and warranty obligations for the full picture on your legal duties

Sources

• Consumer Rights Act 2015, s.49 (reasonable care and skill), s.54 (right to repeat performance), s.56 (right to price reduction) · legislation.gov.uk/ukpga/2015/15
• Limitation Act 1980, s.5 (simple contract · 6 years), s.8 (deed · 12 years) · legislation.gov.uk/ukpga/1980/58
• Supply of Goods and Services Act 1982, s.13 (implied term · applies to B2B) · legislation.gov.uk/ukpga/1982/29
• Building Regulations 2010 · legislation.gov.uk/uksi/2010/2214

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