Defects list and final inspection

Hi
We just had our final inspection today with our builder and had a few questions I was hoping someone could help with.
We went through the house and listed a series of defects, including items the builder had previously advised he would not be fixing. However, at the end of the inspection, he happily signed off on the defect list and made us do the same.
Does this mean he has to fix everything on the defect list?
Also, we engaged a building inspector to complete an independent assessment. He told our builder that his report will needed to be included in the defer list and be available on Monday. Does this list have to also be adhered to or does he have to sign it?
Also, when do we have to pay our builder, once the defects are rectified or now that the final inspection is complete?
Many thanks
Adele

Hi Adele

"Does this mean he has to fix everything on the defect list?"

Yes it does. The fact that your builder signed off on the defects list means that there is no argument about what "defect" is.

Also, we engaged a building inspector to complete an independent assessment. He told our builder that his report will needed to be included in the defect list and be available on Monday.
Does this list have to also be adhered to or does he have to sign it?

Your independent inspection report is not part of the contract (usually) and the builder can choose to ignore it, however your builder is responsible to fix :

1 Patent defects (the defects you can reasonably see before handover)
2 Latent defects (the defects that are unseen but appear after handover)(usually maintenance items)
3 Breaches of warranty. Any defects resulting from failure to comply with regulations and standards etc. (whenever discovered, and they are more common than you think)

You should also remember that unfinished works and patent defects are not maintenance items (to be done in 3 months maintenance period) and must be done or rectified before handover)

Also remember that any significant defect that you missed or your inspector did (if any) does not let builder off the hook because contractually he still has to fix it as part of the implied warranties.

However in my experience, most builders will go along with your independent report (provided it's reasonable) because they just want to finish the job, get their money and move on.

You don't make the final payment until you are satisfied that builder has completed all work and rectified all identified defects.

You don't pay until handover when all defects should be fixed to your satisfaction.

For the builder to get away with not fixing something you think is a defect..... he needs to demonstrate to you, and your inspector, its not a defect. For example you may not be happy with a crack in the floor slab however the Building Code says a crack less than 2mm wide is acceptable.

Thank you so much for your replies. You've been very helpful