Renovation Defects After Handover: Claiming Under the Warranty Period in Hong Kong

The renovation is done, you've signed off, you've paid the final instalment — and you're supposed to be able to relax. Then a few weeks or months later, a stain starts spreading across the ceiling, the paint begins to peel, a sliding door starts sticking, or a switch stops working reliably. The first reaction for a lot of homeowners is: "Wait, we only just finished — can I still do anything about this?"

The answer is often yes. As long as the contract specifies a warranty period, and the defect genuinely appeared within that period and wasn't caused by you afterwards, the contractor is still on the hook. This article walks through why the warranty clause matters and what to check before you pay the final instalment, how to tell a warranty-covered defect from new damage, how to notify the contractor in writing, whether to withhold the final payment, and — if the contractor won't respond — how to pursue a Small Claims Tribunal claim, drawn from public information from the Hong Kong Judiciary and the Consumer Council. This is a different situation from a contractor disappearing right after taking a deposit (see the renovation contractor dispute guide) — here the contractor is still around, and the dispute is over whether they should come back.

Why the Warranty Clause Matters and What to Check Before the Final Payment

What does a renovation warranty period actually cover?

Hong Kong renovation contracts have no single statutory warranty length — everything comes down to what the contract actually says in black and white. The Consumer Council advises that a renovation contract should specify the terms of the warranty clause, including who is responsible for future repairs and who bears the cost, and whether the contract mentions any third-party liability or renovation insurance coverage. In other words, the word "warranty" by itself isn't protection — what the contract actually spells out is.

Plenty of homeowners only discover, at the point they need to make a claim, that the contract never mentioned a warranty at all, or that the contractor only said "it's covered for a year" verbally with nothing in writing. Recovering anything in that situation is much harder — you're left relying on communication records, other clauses in the quotation, or industry practice to argue what was actually agreed, which never carries the same weight as a written clause.

What should you check before signing off on the final instalment?

The Consumer Council recommends the final payment only be made after the unit has been inspected and the work accepted, rather than simply paying because the contractor is pushing for it. In practice:

• As the project nears completion, prepare a defect list with the contractor, recording every unfinished or defective item, with a stated deadline for remedial work.
• Check the warranty clause in the contract — when does the warranty period start, how long does it run, and which items (electrical installation, waterproofing) are covered versus not?
• The Hong Kong Institute of Surveyors recommends splitting payment into stages, with the initial deposit capped at 40% of the total price — precisely so a homeowner still has leverage if something goes wrong midway through the project.

Is It a Warranty Defect or New Damage?

What are the common warranty-period defects?

Defects that only surface some time after move-in commonly include:

• Water leaks: poor plastering or waterproofing that only starts leaking after rain or after the shower has been used repeatedly.
• Peeling paint or wall cracking: substandard paint or surface preparation that only starts peeling or bubbling after a while.
• Sliding doors or windows misaligning: an imprecisely installed track that starts sticking or jamming after regular use.
• Faulty switches or sockets: loose wiring or non-compliant installation that only trips or fails after a period of use.

How do you tell a warranty defect from damage you caused afterwards?

This is where most disputes flare up — the contractor's first instinct is usually: "that's not on us, you must have damaged it yourselves." To show a defect falls within the warranty, it usually comes down to:

• Timing: did the defect appear within the warranty period, without any further renovation work or alterations having taken place since move-in?
• Cause: leaks and peeling paint are usually rooted in the original workmanship, which is a different nature of problem from damage caused afterwards by the occupant (for example, drilling into a wall and rupturing a pipe) — the cause is what determines who's responsible.
• An independent report: if both sides disagree, consider engaging a surveyor or independent inspector for a report assessing the cause of the defect and the cost of remedial work, which strengthens your position if the dispute escalates.

Notifying the Contractor in Writing

Does it have to be in writing? Isn't a verbal request enough?

It has to be in writing. Telling the contractor once, verbally, "there's a leak here," leaves you with nothing to show later if they go back on a verbal promise to come look, or simply stop responding. A written notice (WhatsApp, email, or a formal letter) should include:

• The specific location and description of the defect, with dated photos or video attached
• The date you discovered the defect, cross-referenced against the warranty clause (to show it's still within the warranty period)
• A request for the contractor to respond or arrange an inspection within a reasonable deadline (for example, 14 days)
• If the contractor keeps ignoring you or refuses to act, consider sending a formal demand letter that clearly sets out what you're asking for and your next steps.

What if the contractor has become uncontactable or refuses to act?

Keep every record of your attempts to reach them — call logs, WhatsApp read receipts, email delivery confirmations — these all matter later as evidence. If the contractor's company is still operating but simply won't respond to you, a written notice with a reasonable deadline is a necessary step before filing — an Adjudicator generally wants to see that you gave the other side a chance to fix the problem themselves before escalating to a claim.

Should You Withhold the Final Payment?

If a defect turns up during the warranty period, can you withhold what's still owed?

There's no one-size-fits-all answer — it comes down to whether any payment is still outstanding and what the contract itself says:

• If the final instalment hasn't been paid yet, and the defect is clearly within the warranty, you do have some leverage — you can state in writing that you're holding back the final payment until the contractor completes the remedial work, while clearly stating the reason and the basis for the amount withheld (for example, an estimated repair cost).
• But be careful — withholding an amount wildly out of proportion to the contract value risks the contractor turning around and pursuing you for non-payment, potentially making you the defendant instead. The amount withheld should be proportionate to the reasonable cost of repair, not "I'm just not paying anything."
• If the final payment has already been made in full, withholding isn't an option — the only route left is asking the contractor to come back and repair it, or getting an independent quote for the repair and claiming that cost from the contractor.

Which carries less risk — withholding payment, or paying in full and claiming the repair cost later?

Generally, withholding a clearly justified, proportionate amount carries less risk than withholding everything, and also carries less risk than paying in full and only pursuing a claim afterwards — where you then face the possibility that the contractor has no remaining assets or has become uncontactable. Either way, keep a written record from the start — how you calculated the amount withheld, and a clear statement that you remain willing to pay the balance once the contractor fulfils their warranty obligation.

What Evidence You Need

Evidence Category	What to Collect
Renovation contract / quotation	Should clearly state the warranty clause, its length, which items are covered, and the final payment terms
Defect list	The list of remedial items both sides agreed on at handover, ideally signed
Photos and video of the defect	Dated, clearly showing the location and severity, with follow-up shots if it worsens
Written notice records	WhatsApp/email read or delivery receipts, especially anything where the contractor acknowledges the problem or makes excuses
A third-party repair quote	If the contractor refuses to return, get a quote from another renovation company or an independent inspector as the basis for your claim amount
Payment records	Bank transfers, cheque stubs, etc., showing what you've paid and the status of the final instalment

The more organised your evidence, the more efficient preparing the witness statements and documents needed before filing will be. If you'd like to see how a renovation dispute is typically handled in practice, see how we approach renovation disputes; if you'd rather not work through the forms and procedure yourself, see what our filing assistance service covers and how the fees are calculated.

Using the Small Claims Tribunal for a Warranty Defect

Can a warranty-period defect be pursued through the Small Claims Tribunal?

Yes. Repair costs or losses arising from a warranty dispute are, in nature, a monetary claim arising from contract — the same kind of case handled by the Small Claims Tribunal generally. The Tribunal's claim ceiling is HK$75,000; if your loss is only slightly above that, you can choose to abandon the excess and pursue the balance through the Tribunal.

The filing process is the same as any other small claim: complete "Form 1" and "Form 2," attend the Tribunal Registry in person to file them, and pay the filing fee — in four tiers by amount, from HK$20 to HK$120 (see the official fee schedule). The bailiff serves the documents on the defendant, and the first hearing is generally scheduled within 60 days of filing. You must verify the defendant's name and last known address — for a company, check the Companies Registry, to make sure the documents can actually be served.

The standard of proof for a civil claim is "balance of probabilities" — that the facts alleged are, on balance, more likely true than not — a lower threshold than the criminal standard of "beyond reasonable doubt." A written contract, communication records and photos are generally enough to satisfy an Adjudicator.

The other side won't necessarily pay automatically after judgment; if they refuse, you'll need to apply for a Writ of Fieri Facias yourself to enforce it — see the full steps for enforcing a judgment after winning.