What to Include in Your Agreement About defects liability

A defects liability agreement should explain how problems with building work will be identified, recorded and addressed. For property owners planning construction in Uganda, the starting point is a clear written scope, measurable quality requirements and named people responsible for inspections.

Avoid relying on a general promise that the work will be “standard”. Set out what the contractor must deliver and what evidence will show that the finished work meets the agreement. Use your drawings, site information and professional advice rather than a single national construction rule.

Quick planning summary

Decision	What to establish	Evidence to request
Project purpose	What a successful result means for this property	Written brief and relevant drawings
Site conditions	Access, drainage, soil, boundaries and neighbouring structures	Site visit and survey information
Cost planning	Measured quantities, quality level, transport and contingency	Itemised quotation and assumptions
Workmanship	Qualified personnel, inspection points and test requirements	Supervisor details and checklists
Handover	Defects, records, maintenance and warranties where offered	Signed inspection and handover notes

Define the work and the required standard

Identify the work covered by the agreement, along with any exclusions. Refer to the relevant drawings and specifications. Include dimensions, finishes, approved products where relevant and workmanship requirements.

Ask the person responsible to explain how compliance will be checked. The agreement should identify inspection stages and the records needed to confirm the result. Keep the latest approved drawings and specifications available to the site team.

Record site conditions and practical constraints

Check whether access, transport, storage, drainage or neighbouring buildings will affect the work. Record relevant conditions before construction starts, and explain who must review unexpected conditions.

For a site in Masaka or elsewhere in Uganda, use the actual site findings rather than assumptions. Keep these records with the agreement so they can be referred to when reviewing the work.

Check	Practical action	Common oversight
Site conditions	Confirm site conditions against the project brief	Relying on verbal assumptions
Labour availability	Ask how labour availability affects cost and timing	Ignoring site-specific constraints
Responsibility	Assign a named person to review the result	No one signs off the work
Records	Save dated evidence and receipts	Missing documentation at handover

Name the people responsible for inspections

State who will supervise the work, carry out inspections and authorise changes. Make clear who receives reports of defects and who checks the completed corrections. Do not leave these responsibilities as verbal understandings.

Agree on inspection points before work begins. Inspect completed stages against the approved drawings and scope before moving on. Photograph hidden work before it is covered, and retain delivery notes and test records where required.

Check	Practical action	Common oversight
Labour availability	Confirm labour availability against the project brief	Relying on verbal assumptions
Inspection requirements	Ask how inspection requirements affect cost and timing	Ignoring site-specific constraints
Responsibility	Assign a named person to review the result	No one signs off the work
Records	Save dated evidence and receipts	Missing documentation at handover

Explain how defects will be recorded and addressed

Include a written process for reporting a defect, arranging an inspection and confirming the action required. Agree who is responsible for the correction and how its completion will be checked. Record any agreed deadlines rather than relying on an open-ended promise.

For each reported issue, keep a dated description, its location, supporting photographs and the agreed response. Note any unresolved items in the inspection and handover records.

If an issue affects structural safety, electrical installations, sanitation, fire safety or statutory approval, obtain advice from a suitably qualified Ugandan professional.

Keep costs and changes clear

Compare quotations against the same scope and quality requirements. Ask for measured quantities, itemised costs and stated assumptions. Where an item is uncertain, show it as a provisional allowance rather than treating an estimate as a fixed price.

The agreement should name the person who may approve adjustments. Record each approved change, including its effect on cost, timing, materials and inspection requirements. Date decisions and keep the revised documents together.

Check	Practical action	Common oversight
Inspection requirements	Confirm inspection requirements against the project brief	Relying on verbal assumptions
Project scope	Ask how project scope affects cost and timing	Ignoring site-specific constraints
Responsibility	Assign a named person to review the result	No one signs off the work
Records	Save dated evidence and receipts	Missing documentation at handover

Agree on handover records

At handover, compare the completed work with the agreed scope and record any outstanding defects. Keep signed inspection notes, approved changes, relevant test records, maintenance information and warranties where offered.

Before signing the defects liability agreement, check that the scope, responsibilities, inspection process and handling of outstanding work are clear. Seek professional advice on terms you do not understand rather than leaving them open to interpretation.