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【Haichuan EPC】Understand the relationship between the “defect liability period”, “quality warranty period”, and “quality guarantee deposit”!

2025-10-07View Original

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The defect liability period and the quality warranty period – these two periods exist in every project; they may seem similar, but they are actually two different concepts. I. Concept: Defect liability period: The period during which the contractor is obligated to repair any defects in the work as stipulated in the contract, and during which the employer has the right to retain the quality guarantee deposit. The quality warranty period refers to the timeframe during which the contractor is obligated, in accordance with laws and regulations or contractual agreements, to provide free repairs for the construction project. II. Source: The periods of liability for defects and the quality guarantee funds for construction projects are stipulated in the \"Administrative Measures for Quality Guarantee Funds in Construction Projects\". Quality warranty period, as stipulated in the Regulations on Quality Management of Construction Projects. III. Difference in duration: The warranty period for defects is up to 2 years, and this can be specified in the contract. The quality warranty period is clearly specified in the \"Regulations on the Management of Construction Project Quality\": ① For infrastructure projects and the foundations and main structures of building constructions, it is the reasonable service life specified in the design documents. ②Roof waterproofing works, bathrooms/rooms/external walls requiring waterproofing: 5 years ; ③Electrical wiring, water supply and drainage pipelines, equipment installation, and decoration works: 2 years ; ④Heating and cooling systems: 2 heating periods or cooling periods. In terms of duration, the defect liability period is generally shorter than the quality warranty period. IV. The starting point for calculation is generally the date when the completion inspection is passed. After the defect liability period expires, the remaining quality guarantee deposit is refunded. The quality guarantee deposit has been refunded, but the warranty obligation remains in effect. The scope of warranty, warranty period, warranty responsibilities, etc. are generally specified in the quality warranty document. The defect liability period is generally the period specified in the contract ; The quality warranty period is the statutory obligation period ; The quality guarantee deposit is closely related to the defect liability period, and has nothing to do with the quality guarantee period.
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