How to Handle Punch List Items After You've Already Moved In
How to Handle Punch List Items After You've Already Moved In
What to do when something from your closing walkthrough still isn't fixed, what Washington law actually requires before either side can escalate, and what your real options are.
What do you do if punch list items weren't finished before closing? Document each one in writing, with photos and dates, then submit a formal written request to the builder, not just a phone call or a text. Washington's Construction Defect Claims statute, RCW 64.50, generally requires homeowners to deliver written notice of an alleged defect at least 45 days before filing a lawsuit, giving the builder a genuine chance to offer repair or payment first. Whether an item is actually the builder's responsibility depends on whether it's a true construction defect versus something cosmetic, wear-and-tear, or never documented before closing, which is a meaningfully different category.
This is the conversation nobody wants to have a few weeks after they finally get the keys: something from the closing walkthrough is still broken, the builder's superintendent has gone quiet, and the excitement of the new build is starting to curdle into frustration. It happens more than buyers expect, and there's an actual process for it, not just persistence and hoping.
This covers what to do first, what Washington law actually requires before anyone can escalate, and what your real options are if the builder genuinely won't budge. It pairs directly with what does the warranty actually cover, since a lot of what shows up on a post-move-in punch list turns out to be a warranty question in disguise.
What Should You Do First If Something Wasn't Fixed Before You Moved In?
Get it in writing, immediately, not eventually
The instinct is to text your builder's superintendent, the same person you've been texting throughout the build, and that's fine as a first touch, but it can't be the whole plan. Follow up in writing, through whatever formal channel your builder's warranty packet specifies, with a specific, dated description of the item and a photo. If it was already on your original punch list from the walkthrough, reference that directly; if it's something new, treat it the same way you would have treated it before closing, specific and documented, not vague.
This is also the point where it matters whether the item was actually flagged before closing. Builders commonly draw a hard line between items documented on the pre-closing punch list, which they're contractually on the hook for, and issues raised for the first time after move-in, which sometimes fall into warranty territory instead, a different process covered below.
Does Washington Law Require the Builder to Get a Chance to Fix It First?
Yes, and there's a specific timeline attached
Under Washington's Construction Defect Claims statute, RCW 64.50, a homeowner generally must deliver written notice of an alleged construction defect to the builder at least 45 days before filing a lawsuit, describing the condition and giving the builder a genuine opportunity to offer repair or payment. You're not obligated to accept whatever the builder offers, but skipping this notice step can affect your ability to bring a claim later, so it's not something to shortcut even if you're frustrated.
Builders are also required to have given you notice of this right at the time you signed your original contract, and Washington courts have held that a builder who never gave that notice can lose the ability to rely on this pre-suit requirement as a defense. In practice: send the written notice regardless, document it was sent, and keep a copy. This is general information, not legal advice, since the exact procedure and deadlines can be fact-specific; a Washington-licensed real estate or construction attorney is the right resource for an actual dispute.
Is This a Warranty Claim or a Punch List Item?
They're handled differently, and the distinction matters
A punch list item is something identified and agreed to before closing, work the builder committed to finish as part of getting you to the closing table. A warranty claim is something that surfaces after you've moved in, covered by the builder's written warranty on whatever tiered schedule applies to that type of issue, workmanship, systems, or structural.
The practical difference: an unfinished punch list item is something the builder already agreed was their responsibility. A new issue discovered after move-in has to actually qualify as a covered warranty defect, which depends on what it is and how your specific warranty document defines coverage. What does the warranty actually cover breaks down the full tiered structure and what's typically excluded, and covers the 11-month inspection worth scheduling specifically to catch issues like this while the warranty window is still open.
What If the Builder Says It's "Not Their Responsibility"?
Sometimes they're right, sometimes it's worth pushing back
Builders commonly draw a line around cosmetic issues, items caused by how the home has been lived in since closing, and normal wear and tear, none of which are construction defects. If an item genuinely falls into one of those categories, that's a legitimate reason, not a dodge. But builders sometimes label something "cosmetic" that actually affects function or violates a building standard, and the line isn't always as clean as it sounds on a phone call.
If you disagree with how an item is being categorized, ask for the specific reason in writing, not just a verbal "that's cosmetic." Having your own representation weigh in here helps; do I need a Realtor when buying new construction covers why an agent experienced with new construction is useful well past closing day, not just during the purchase itself.
What If the Builder Still Won't Fix It?
A few real options, in order
What you generally shouldn't do first: hire someone else to fix it and hope to get reimbursed later without ever formally documenting the issue with the builder. That approach can undermine your position if the builder later argues they were never given a real opportunity to address it themselves, exactly the scenario RCW 64.50's notice requirement exists to prevent disputes over.
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Frequently Asked Questions
Punch list items after move-in, common questions
What do I do if punch list items weren't finished before closing?
Does Washington law require a builder to be given a chance to fix a defect before I sue?
What's the difference between a punch list item and a warranty claim?
Can a builder refuse to fix something by calling it cosmetic?
Should I hire someone else to fix an unfinished item and get reimbursed later?
Dealing With Unfinished Items After Your Move-In?
Let's go through what's been documented so far and figure out the right next step before this drags on any longer.
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Cassandra Marks
Realtor, Licensed in OR & WA License ID: 201225764
Realtor, Licensed in OR & WA License ID: 201225764