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Process and timeline

Deficiencies and Possession: Closing Out a Custom Build

The last leverage you have, how to use it, and what to collect before you hand over the money.

The short answer

The deficiency list and the holdback are the only leverage you have left at possession, and both are spent quickly. Do the walkthrough properly, get every item in writing with a date attached, and do not release the holdback because the house looks finished — the lien period and the deficiency close-out are separate clocks and both have to run.

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Possession is where a good build can still end badly. Everyone is tired, the money is nearly all released, and the incentive that kept the project moving is almost gone. What replaces it is documentation and retained funds — which is why both matter more in this final month than at any point since the contract was signed.

The pre-possession walkthrough

  1. Schedule it with enough time before possession that items can actually be fixed — not the morning of.
  2. Go in daylight. Deficiencies in finishes are close to invisible under work lights.
  3. Bring painter’s tape and tag as you go. It is faster than describing a location in words, and it removes the argument about which mark you meant.
  4. Bring a phone charger and test every outlet. Bring a level for door and cabinet alignment.
  5. Run every tap, flush every toilet, open and close every window and door, operate every blind, run the dishwasher, test the HVAC in both heating and cooling.
  6. Photograph every item you tag, with something in frame for location.
  7. Do not sign a document accepting the home as complete on the same walk. Take the list away and review it.
Bring someone who is not emotionally invested

After two years you are predisposed to see a finished house. A third-party inspector, or simply a friend with an unsentimental eye, will find things you have stopped seeing. This is the cheapest hour on the list.

What to look at, room by room

  • <strong>Surfaces.</strong> Drywall at low raking light — nail pops, seams, texture. Paint coverage at edges and cut lines. Scratches on floors, counters and glass.
  • <strong>Doors and windows.</strong> Every one: alignment, reveal consistency, latching without force, weatherstripping, hardware, screens present.
  • <strong>Cabinetry and millwork.</strong> Door and drawer alignment, soft-close operation, gaps at scribes, finish consistency, hardware secure.
  • <strong>Tile and stone.</strong> Lippage, grout consistency, sealed penetrations, cuts at edges and outlets.
  • <strong>Plumbing.</strong> Run everything. Check under every sink for leaks after running it. Test hot water delivery time at the furthest fixture.
  • <strong>Electrical.</strong> Every switch, outlet and fixture. Correct switching for the room. GFCI and AFCI operation. Panel labelled legibly.
  • <strong>HVAC.</strong> Both modes. Every register delivering. Thermostat programmed and explained. Filter access shown to you.
  • <strong>Exterior.</strong> Grading falling away from the foundation, downspouts discharging away from the house, caulking at penetrations, siding and trim, deck and railing security.

The list itself

A deficiency list is a contractual document, not a note. Treat it that way.

  • Every item numbered, located precisely, and photographed.
  • A target date against each item, agreed rather than assumed.
  • Signed or acknowledged in writing by both parties.
  • A distinction between items to be corrected before possession and items agreed to follow, with the second list explicitly not waived.
  • A clear statement that signing does not waive items not yet discovered, and does not waive warranty.
Do not accept "we will look after it"

Verbal commitments at possession are the least reliable promises in the whole project, not because builders are dishonest but because the crew disperses to other jobs within days. If it is not on a dated written list, it is very likely not happening.

Money: two separate clocks

Buyers routinely conflate the deficiency holdback with the statutory lien holdback. They are different things with different purposes and different release conditions, and treating them as one is how people end up releasing money they should still be holding.

Two holdbacks, two purposes
Deficiency holdbackStatutory lien holdback
PurposeGives the builder a reason to close out the listProtects you from paying twice if subtrades are unpaid
Set byYour contractProvincial lien legislation
Released whenThe deficiency list is complete and you agree it isThe lien period expires and title is clear
Advice neededRead your contractConfirm with a construction lawyer before releasing

Both clocks have to run. A finished-looking house says nothing about whether subtrades were paid, and a clear title says nothing about whether the deficiency list was closed.

What to collect before you release anything

  • The new home warranty certificate, with the coverage start date and the claims procedure.
  • A statutory declaration that subtrades and suppliers have been paid.
  • A clear title search, obtained by your lawyer.
  • Occupancy permit or equivalent municipal sign-off.
  • As-built drawings, and the pre-drywall photographs if the builder holds them.
  • Commissioning reports — HVAC balancing, blower-door result if tested.
  • Appliance and equipment manuals, model and serial numbers, and registered warranties.
  • Paint colours, product names and codes for every finish, plus any leftover material.
  • Locations of every shut-off, the panel directory, and any smart-home or security credentials transferred to you.
  • The builder’s own warranty terms and the process and contact for service calls.

After you move in

  • Expect movement. Nail pops, minor drywall cracking and door adjustments through the first heating season are normal, not defects, and most programmes and builders anticipate a first-year touch-up.
  • Keep a running list rather than calling about each item. One consolidated visit works better for everyone.
  • Diarise the warranty tier expiry dates immediately. Claims deadlines are real and missing one ends the claim regardless of merit.
  • Follow the maintenance requirements. Failure to maintain is a common ground for declining a claim, and humidity control in the first year matters more than people expect.
Common questions

Questions

Should I hire an inspector for the pre-possession walkthrough?

On a substantial custom home it is usually worth it. After two years you are predisposed to see a finished house, and an experienced third party will find things you have stopped noticing. The cost is trivial relative to the value of the leverage you still hold at that moment.

Can I withhold money until deficiencies are fixed?

If your contract provides for a deficiency holdback, yes — and that is precisely what it exists for. It is separate from the statutory lien holdback, which serves a different purpose and has its own release conditions. Confirm both in your contract before possession rather than negotiating at the door.

What counts as a deficiency versus normal settling?

Nail pops, hairline drywall cracking and minor door adjustments through the first heating season are normal movement, and most builders expect a first-year touch-up. Things that are out of alignment, not operating, incorrectly installed or not what was specified are deficiencies. If you are unsure, list it — an item can always be agreed as normal, but an unlisted item is much harder to raise later.

The builder wants possession before the list is done. What do I do?

Taking possession with an agreed, dated, written outstanding list and an appropriate holdback retained is normal and workable. Taking possession with a verbal assurance and no holdback is where people lose. The document and the retained funds are the whole of your remaining leverage — do not give up both.

Sources
  1. Canadian Home Builders’ Association — possession and warranty — consulted August 6, 2026
  2. Alberta — New Home Buyer Protection Act — consulted August 6, 2026
  3. Tarion — homeowner information and claims — consulted August 6, 2026

External sources are cited so you can check them. Regulations change; confirm anything you intend to rely on with the issuing authority directly.

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