Skip to content

They're holding all my retention over defects that aren't mine

The defects list is long, most of it belongs to other trades, and our whole retention is being kept against it.

Updated: . By Jack Butler-Kettle, Construction Claims Consultant.

What's happening?

At the end of the defects period, the second release often waits for a certificate, and the certificate waits for a defects list to be closed. That list may include other trades' work, damage caused after you left, wear rather than defects, or items added after the period ended. Holding your whole retention against one small item, or against items that are not yours, is common and rarely explained.

Your subcontract decides what the release waits for: a certificate under the main contract, your own defects being made good, or something else. It rarely allows an open-ended list that keeps growing. Left unchallenged, though, the list does keep growing, and your whole retention stays held against work that was never yours to fix.

The solution

Ask for the defects list exactly as it stands. Split it into four groups: your items, other trades' items, damage after you left, and items added after the period ended. Price the items that are genuinely yours, make them good or offer to, and set that figure against the retention held. That turns a general refusal into a specific question with a number on it.

Retention Claim does that split from the list, your records and the release wording, then writes the request for the balance, with the evidence attached. Retention Loss Prevention records the end of the defects period and the evidence each release needs from the day you sign. The list is then answered before it grows.

Example

Illustrative example. The scenario and figures are invented.

The facts

A plastering subcontractor has £21,000 of second-half retention held at the end of a 12-month defects period. The main contractor refuses to release it against a list of 64 defects across the building.

What happens

  1. The subcontractor splits the list line by line against its subcontract scope and the handover records.
  2. Six items are cracking and making good in areas the plasterer finished. They are priced at £1,400 and made good within 2 weeks.
  3. Of the rest, 41 belong to other trades and 6 were added after the defects period ended.
  4. The other 11 are damage caused after the plasterer left site, and the handover photographs show those areas intact.
  5. The subcontractor asks for the full £21,000, with the split list, the photographs and the completion record for the six items made good.
  6. The main contractor replies that three of the damage items were the plasterer's. The subcontractor answers with the handover photographs, which show them intact.

The defects list in figures

GroupItems
The plasterer's own, made good6
Other trades41
Damage after the plasterer left11
Added after the period ended6
Total on the list64

The outcome

The £21,000 is released in the next cycle, 8 weeks after the first request.