A warranty clause that nobody reads until something breaks is not a warranty, it is a dispute waiting to happen. This is what a fit-out warranty and defects liability period should actually cover, what they typically exclude, and how to enforce them without a fight.
What a defects liability period actually covers
The defects liability period (DLP) is the window after practical completion during which the contractor remains obligated to fix defects arising from workmanship or materials supplied under the contract, at no extra cost to the client. It typically runs 6-12 months for a commercial fit-out in India, though the exact duration should be a negotiated contract term, not an assumed default.
Covered items usually include workmanship defects like poor joinery finish or paint failure, MEP installation faults that surface under normal operating conditions, and snagging items identified at handover but not fully closed out before occupancy.
What a DLP typically excludes
| Typically covered | Typically excluded |
|---|---|
| Workmanship defects in contracted scope | Damage from misuse or improper maintenance |
| MEP installation faults | Normal wear and tear |
| Snagging items unresolved at handover | Changes made by the client's own vendors after handover |
| Material defects within manufacturer warranty | Manufacturer warranty items beyond the DLP window, handled separately |
This split matters because a client who modifies the space, say adding partitions through an unrelated vendor, after handover cannot then claim DLP coverage for damage caused by that later work. The contract should state this exclusion explicitly rather than leaving it to interpretation when a dispute arises.
Separating the DLP from manufacturer warranty periods
Equipment and finishes carry their own manufacturer warranties, often longer than the fit-out contractor's DLP. An HVAC compressor might carry a 5-year manufacturer warranty while the DLP on the installation itself runs 12 months. Understanding which party to approach for which issue, the contractor for installation defects, the manufacturer or their authorised service partner for product defects beyond the DLP, saves significant back-and-forth when something fails 18 months after handover.
The handover documentation from a properly run quality assurance and handover process should list every equipment warranty separately from the DLP, with contact details for each, rather than bundling everything under one vague "warranty" heading.
Enforcing the DLP without a fight
- Document the defect in writing with photos and a date, and submit it through the contract's defined notification channel, not an informal WhatsApp message to a site supervisor who has since moved projects.
- Reference the specific contract clause covering DLP scope and duration when raising the claim, so there is no ambiguity about whether the item falls within coverage.
- Set a reasonable response deadline in the notification, consistent with the contract's stated resolution timeframe, and escalate in writing if that deadline passes without action.
A true turnkey contractor with single-point responsibility makes this enforcement simpler because there is one party accountable for the DLP, rather than a multi-contractor arrangement where each trade disputes whether a defect falls under their scope or someone else's.
Common DLP disputes and how to avoid them before they start
The most frequent DLP dispute is disagreement over whether a defect resulted from workmanship or from the client's own use of the space. A pre-agreed condition survey at handover, with photos of every finished surface and a signed acknowledgement of the space's condition on day one, removes most of this ambiguity because both parties have a documented baseline to refer back to. Without that baseline, a defect claim six months later becomes a matter of memory and opinion rather than evidence, and that is exactly the kind of dispute a DLP clause is meant to prevent.
Frequently asked questions
Commonly 6-12 months from practical completion, though the exact duration is a negotiated contract term that should be confirmed in writing before signing, not assumed as a standard default.
No. It covers workmanship and material defects arising from the contracted scope, not damage from misuse, improper maintenance, or normal wear that would occur regardless of installation quality.
The DLP covers the contractor's installation work for a defined period after handover. Manufacturer warranties cover specific equipment or materials and often run longer, with claims directed to the manufacturer rather than the fit-out contractor.
In writing, with photos and a date, through the contract's defined notification channel, referencing the specific DLP clause. This creates a clear paper trail if the claim needs to be escalated later.