Construction Quantity Surveying and Snagging — Legals, Levers, and Final Shine

Why this matters — beyond bricks and mortar

Think of a building as an album. The structural works are your beats, foundations and walls. But snagging — that final polish when you correct defects — is like mixing and mastering: without it, the track feels rough, listeners wince, and the vibe is off. As a QS, you are responsible for ensuring the contract delivers what it promises and the “album” goes out clean.

When snagging is ignored, what looks like a finished building becomes a future headache — defects, disputes, financial losses, safety issues, and a bruised reputation for everyone involved.

That’s why snagging is non-negotiable. It’s part of Project Control, Risk Management, Contract Enforcement, and Quality Assurance — all rolled into one.

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The Full Scope of Quantity Surveying: More Than Just Numbers

Before we dive deeper into snagging, let’s re-emphasize the multifaceted role of a QS — not just as a cost-counter, but as a legal-contractual sentinel. In any decent Contract, a QS’s responsibilities include:

• Estimating costs, preparing budgets, and valuing work done — ensuring realistic and enforceable financial plans.
• Administering the contract — enforcing scopes, variations, scope changes, and site instructions.
• Monitoring procurement and tendering — ensuring subcontractors and suppliers are appointed under fair, transparent conditions.
• Certifying progress payments, withholding retention, releasing funds appropriately — based on documented progress and compliance.
• Managing risk — cost overruns, design changes, defective workmanship, delays, variations, inflation, supply chain disruption.
• Preparing the final account and ensuring retention/retenuate sums are released only when contractual conditions (including defects rectification) are satisfied.

In legal terms, the QS serves as the Employer’s eyes, ears, and financial guardian — a crucial role if the project is to deliver value, avoid disputes, and remain consistent with contract conditions.

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Snagging & Defects — Definitions, Types, and the Blurred Line

What, precisely, is a “snag”?

A “snag” (sometimes “punch-list item”, “deficiency”, “non-conformity”) refers to any minor defect, finishing omission or incompletion observed when a building nears completion. Could be aesthetic (blemished paint), functional (loose door hinge, faulty electrical socket), or installation-related (misaligned window, missing tap, uneven tile).

But — here's the nuance: once you issue a practical completion certificate, these snags often morph into “defects liability” items under the contract. The building may be “practically complete,” yet still faulty or imperfect in minor ways.

Patent vs Latent defects

• Patent defects: visible, observable defects at or before handover — cracks, incomplete finishes, visible leaks, misalignments, etc. These must be captured on the snag/punch list before handover or certificate of practical completion.
• Latent defects: hidden faults or defects that may only become apparent months or years later — structural weaknesses, poor material choices, water ingress, faulty electrical wiring, etc. Unless the contract provides extended liability beyond the typical defects liability period (DLP), these can become major issues post-handover.

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Legal & Contractual Framework — The Power Tools of Snagging & Defects Control

If you don’t embed snagging, defects liability, retention, and practical completion properly in contract documents — you lose leverage.

Essential contract clauses you must insist on

1. Clear Scope of Works

   • The contract should not just say “construct a building,” but attach design plans, bill of quantities (BoQ), drawings, specifications — to avoid ambiguity about what was promised.
   • This way, finishing works — fixtures, fittings, finishes — are part of the contractual deliverable, not afterthoughts.

2. Practical Completion / Taking-Over Clause

   • Defines the point at which works are “practically complete” — building is ready for intended use, even if some snags remain.
   • Also stipulates who issues the certificate (architect, contract administrator, or employer’s agent), and the modalities for doing so.

3. Defects Liability Period (DLP) Clause

   • A time-bound period (commonly 6–12 months but could be more) starting at practical completion, during which contractor remains liable to rectify defects (both patent and latent, as defined) at no cost to employer.
   • Where relevant, agreement on latent-defect or extended liability (e.g., structural collapse within 5 or more years) is wise — especially in Nigeria where statutory long-term liability isn’t always guaranteed.

4. Retention / Retainage Clause

   • Employer retains part of payment (often 5–10%) during the works; typically half released upon practical completion, and the remainder after DLP and satisfactory rectification of defects.
   • This creates a financial incentive for contractor to return, fix snags, and complete work properly — and gives employer leverage in case of non-compliance.

5. Variation & Price Adjustment Provisions

   • Particularly important in regions like Nigeria — exchange rate fluctuation, inflation, supply-chain delays — to allow legitimate re-pricing if scope changes or resource costs shift.

6. Notice Periods and Dispute Resolution Mechanisms

   • Clear process for notifying defects, required timelines for remedy, and what happens if contractor refuses. Optionally arbitration clause or other dispute resolution method to avoid drawn-out litigation.

7. Insurance & Liability Provisions

   • Especially for safety, accidents, structural failures. Parties should agree on insurance cover during construction and liability coverage post-handover for latent defects.

Without these, you’re leaving the fate of your project to goodwill, hope, and chance — which in construction is usually a recipe for regret.

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Snagging & Handover Protocol — Step-by-Step Playbook

Here’s a more refined, detailed snagging workflow — not just a checklist, but a process integrating contract law, project control, and accountability.

1. Pre-handover Planning

• Review the Contract thoroughly: ensure all finishing works (paint, fixtures, fittings, MEP, joinery, sanitary, electrical) are included in scope and specifications.
• Confirm design documents, drawings, BoQ, and specs are attached; verify that these match what was executed on site.
• Agree with contractor/architect/contract admin on tentative completion date, and schedule final walk-through inspection.
• Prepare a snag-list template (or digital punch-list platform) well in advance — with field for item number, location, description, severity (critical, major, cosmetic), responsibility (main contractor vs subcontractor), date found, photos, comments.

2. Joint Site Walk-through (Practical Completion Inspection)

• Assemble all stakeholders: QS, contractor, subcontractor leads, architect/engineer, client representative (or owner).
• Inspect methodically — from structural works to finishes, floor to ceiling: walls, floors, ceilings, doors/windows, sanitary ware, plumbing, electrical, fixtures, joinery, paint, external works, drainage, etc.
• Note every snag — even seemingly trivial cosmetic issues — because if you leave them out, you lose leverage to demand rectification after handover.

3. Issue Formal Snag List / Punch List & Trigger Defects Liability Period

• Within stipulated timeframe, issue the snag list formally — referencing contract clause for defects liability and retention.
• Notify contractor that defects must be rectified within DLP and at no additional cost; remind them that retention release depends on satisfactory rectification.
• Ensure the DLP begins at the date of the issued Practical Completion Certificate (or mutually agreed date).

4. Rectification (De-snagging) Phase

• Contractor addresses all items — ideally grouped by urgency: critical/functional defects first, cosmetic/finishing defects after.
• QS (or delegated inspector) should verify each item — ideally with photographic evidence before and after rectification.
• If subcontractors are involved, ensure responsibility is clear, and all trades return to site for their part.

5. Final Inspection, Certificate of Making Good Defects & Retention Release

• Once all items are satisfactorily rectified (or acceptable as per contract quality standards), QS/Architect issues a formal Certificate of Making Good Defects (or equivalent), invoking contractual clause for release of retention sum.
• Employer releases withheld funds (or retention, or balance payment).
• Prepare final account — include any cost for defect rectification (if borne by employer), variations, retention release — ensuring all payments, extras (or deductions) and claims are documented.

6. Post-handover Monitoring & Latent Defects Watch

• Retain documentation: snag list, photographic records, rectification certificates, final account, contract documents, specifications, variation orders. These can be critical if latent defects arise.
• Where possible, negotiate in contract for a latent-defect liability period (e.g. structural warranty for several years). This gives legal and contractual ground for later claims.
• Encourage periodic inspections post-handover (6 months, 12 months, 2 years) — especially for large or complex projects, to detect and address issues before damage worsens or becomes dangerous.

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Common Pitfalls, Disputes & Legal Headaches — What To Watch Out For

Even experienced QSs slip up. Here are common traps — and how to avoid them:

• Vague Contract Terms — If scope, specs, or finishing works aren’t clearly defined, you lose contractual leverage. Don’t let “build a building” stand alone. Insist on detailed spec and BoQ annexes.
• No or Ambiguous DLP / Retention Clauses — Without clear DLP or retention clauses, you may be unable to enforce repairs or withhold final payment. Always spell out DLP, retention % and release conditions.
• Poor Record-Keeping / Documentation — If you rely on oral agreements, informal promises — you risk losing claims. Snag lists, photos, formal notices, certificates — keep them.
• Early Release of Retention — Releasing full payment before defect rectification is done — especially before DLP expiry — kills your bargaining power. Worse, it signals finality, enabling contractors to dodge responsibility.
• Over-reliance on “Goodwill” / Contractor Trust — Good contractors are good. But trust is not a substitute for contract enforcement. Always rely on the contract.
• Ignoring Latent Defects & Structural Integrity — Cosmetic finishes are easy to spot — but structural, MEP faults may surface later. Without latent-defect warranty in contract, you may be stuck.
• Leaving Snagging to the End — Waiting till very end for all snagging means many trades/subcontractors may have demobilized. Makes rectification harder, more costly, and easier to dodge. Better to snag progressively per trade completion.

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Legal Advice & Contractual Strategy — What I’d Do If I Were You (or Advising a Client)

If I were advising a client (or acting as QS on a project), here’s my playbook:

1. Draft a watertight contract — with detailed scope, BoQ, finishing specs, clear definitions (what counts as “works”, what counts as “finishing”), DLP, retention, latent-defect warranty clauses. No vagaries.
2. Hold contractor’s feet to the fire — Don’t accept “finish touches later.” All fixtures, finishes, sanitary‐ware, electrical, joinery must be part of contract deliverables.
3. Insist on full snag list before Practical Completion — then issue Practical Completion certificate only when list is agreed and logged. That way, DLP and retention become active legal levers.
4. Tie payment (particularly retention release) strictly to defect rectification certificate or DLP expiry — no early release, no verbal promises.
5. Keep thorough documentary trail — snag list, photos, rectification reports, certificates, final account, variation orders — all filed and signed.
6. Negotiate latent defect or extended liability if building lifespan is long/high-risk — particularly for structural works, high-rise buildings, or projects with heavy MEP integration.
7. If engaging subcontractors, ensure joint and several liability — contractor remains ultimately responsible for their subs, so you have enforceable remedy even if a sub fails; and ensure subs join in contract obligations.
8. Use legal notice if contractor delays — If rectification isn’t done timely, issue formal defect notice referencing contract clause — and if ignored, withhold retention or engage another contractor at their expense (where contract allows).

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Why This Matters — Not Just for the Money, But for Integrity, Reputation, and Long-Term Value

Let me hit you with real talk — as a QS (especially someone bridging construction + management + business, like you), you’re not just delivering buildings. You’re delivering trust.

• To your clients: you show you protect their interests, deliver quality, make sure they get what they paid for — not a “shabby half-done job with cracks and broken sockets.”
• To contractors: you set standards — expectations that finishing and quality aren’t optional extras; they are part of the contract. That forces discipline and accountability.
• To your reputation and future projects: word gets around fast. If you deliver clean, defect-free projects, clients trust you; if you hand over shaky structures, your name becomes associated with problems — and trust dries up.

In the long run, snagging and proper defects control is not a burden — it’s insurance. Insurance against claims, reworks, liability, structural issues, reputational damage. And trust me: the cost of a properly executed snagging + rectification + final inspection process is tiny compared to the cost of a building collapse, a major leak, or a legal battle.

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Bottom Line: Snagging Isn’t Optional — It’s the Final Beat That Makes the Delivery Work

You don’t just count bricks, measure concrete, and sign off bills. As a QS you are the guardian of quality, cost, value, and legal compliance. Snagging (pickup of defects/punch list + rectification + certification + retention release) is part of that.

Treat snagging with the seriousness of contract enforcement. Respect the snag list. Use the contract’s legal levers (retention, DLP, certificates). Document everything. Insist on accountability.

Do that — and the building doesn’t just stand. It delivers. It lasts. It satisfies the client. It becomes a testament to professional integrity.

Do less — and you risk delivering bricks and mortar, but failing on trust, safety, value, and long-term peace of mind.