When someone claims your work is defective and you disagree

The claim arrives without the evidence

A builder or principal contractor sends you a letter. Your electrical work is defective, your carpentry doesn't meet the specification, or your waterproofing has failed. They want $60,000 to fix it. The tone is certain, the amount is large, and the deadline is short.

The letter may reference an expert report, a site inspection, or compliance standards. What it rarely includes is the actual evidence. No photographs showing the alleged defect. No expert's written opinion explaining what is wrong. No measurement or test result proving non-compliance. Just a demand for money and a threat of further action if you do not pay.

Ask for the report and the supporting evidence

A serious defect claim needs supporting evidence. If the builder or owner relies on an expert opinion, you are entitled to ask for a copy of that report. If they say the work does not comply with a standard or specification, ask them to identify which requirement is breached and produce the evidence showing the breach.

Write back immediately. Acknowledge receipt of the claim, state that you dispute the allegation, and request the expert report, photographs, test results or other evidence supporting the claim. Set a reasonable deadline for the response, typically seven to fourteen days. Keep the tone professional and factual. This request is not a concession that the claim is valid. It is a necessary step to understand what you are accused of and whether the allegation has any foundation.

Source: Official guidance

Inspect the work yourself and document what you find

Do not wait for the other side to provide access. Arrange to inspect the work yourself, bring a camera, measuring tools and a copy of the original contract scope. Photograph the work from multiple angles. Record the surrounding conditions that might explain the issue, such as other trades' work, site access problems, or incomplete elements outside your scope.

Take detailed notes of what you observe. Compare the finished work against the specification, drawings and any agreed variations. If the alleged defect is not visible or does not match the description in the claim letter, document that. If you identify a minor issue that you are willing to fix, note it separately. This inspection record becomes critical evidence if the dispute escalates.

Check your contract for your right to return and rectify

Many construction contracts give the contractor a right to return and rectify defects before the principal can engage someone else and charge you for the cost. Review your contract or purchase order carefully. Look for clauses dealing with defects liability, rectification periods, or notice requirements before the principal can claim damages.

If a defects liability clause exists, it will usually specify the time frame you are responsible for fixing work, the faults you are responsible for, and how the other party must notify you about work needing correction. If the contract gives you a right to rectify, state clearly in your written response that you intend to exercise that right. Offer specific dates for a return visit and set out what you will inspect and, if a genuine defect exists, what you will do to fix it.

Notify your insurer and get help before the deadline passes

If you hold professional indemnity, public liability or contract works insurance, notify your insurer immediately. Provide a copy of the claim letter, your contract and any correspondence. Insurers often require prompt notification, and delay can affect your coverage. Even if you believe the claim is without merit, the insurer needs to know about it.

If the claim amount is substantial, the evidence is complex, or the other party is threatening court action, obtain advice before you respond. CRP coordinates independent qualified professionals who can review the claim, assess the evidence and help you prepare a proper response. Use the contact form below and provide the claim letter, your contract, photographs of the work and any expert reports you have received. A defect claim needs evidence to succeed. Make them produce it, protect your right to fix genuine problems, and do not let an unsupported demand become an agreed debt through silence.