The Punch List on a Richmond New Construction Closing: What to Document, What the Builder Owes and When

A punch list is the running list of things that are unfinished, damaged or not working in a new house, and it is the single most useful document a new-construction buyer can bring to a Richmond closing. It is also not a legal term. Section 55.1-357 of the Code of Virginia says nothing about “punch lists” at all; it speaks of structural defects, workmanlike construction and fitness for habitation. That gap is why buyers lose track of what is owed: the list is a habit, the warranty is a statute, and the two run on different clocks.

Published October 18, 2026 · Written by the Mission Realty Team

This guide covers what belongs on the list, what a builder owes you under Virginia law, and the order of events from walk-through through the first year. It builds on our final walk-through guide and our builder warranties guide, so we will not repeat what those cover.

A punch list and a warranty claim are two different things

The punch list is the practical, short-term tool. You and the builder’s representative walk the house, you note what is wrong, and the builder agrees to fix it, ideally before closing and otherwise on a dated schedule. Most items are cosmetic or small: touch-up paint, a sticking door, a missing outlet cover, a scratched tub.

A warranty claim is the legal and contractual remedy. It matters when something is not fixed, comes back, or turns out to be larger than it looked. The statute is the same in Chesterfield County, Henrico County and Hanover County, because it is state law. What changes from builder to builder is the paperwork around it.

What to document, and how

Documentation beats memory. For every item, capture five things, in this order:

• Where it is. Room, wall or fixture, and a position such as “north wall, left of window.”
• What is wrong. One factual sentence: “Drywall seam visible and cracked above the primary bedroom door.” Skip adjectives.
• A photo with context. One wide shot that shows the room, one close shot of the defect.
• The standard you are measuring against. Your contract, the plans, the selection sheet or the manufacturer’s instructions. This is where your upgrades and options choices matter: write down what you ordered, so a substituted fixture shows up as a mismatch and not a hunch.
• What you are asking for. Repair, replace or credit, and by when.

Group items by type. Cosmetic items (paint, caulk, drywall, flooring scratches) are the usual punch list material. Operational items (every door, window, drawer, faucet, light and appliance actually run and tested) tell you whether something has to be adjusted or replaced. Exterior items (grading and where water sits after rain, the driveway edge, sod, gutters) are easy to forget because they are outside. Mechanical items (heating and cooling run, water pressure, outlets and the GFCI buttons) are where a builder may bring in a trade.

Keep everything the builder gives you: the list, the emails, the repair dates. If the builder uses its own form, sign only after it lists everything you flagged. Third-party phase inspections during construction reduce what lands on this list, since problems behind drywall are far cheaper to catch before it goes up.

What the builder owes you under Virginia law

For a new house, Section 55.1-357 of the Code of Virginia implies two warranties into the contract of sale. The first, which applies to any seller, is that the dwelling is sufficiently free from structural defects and built in a workmanlike manner, to the best of the seller’s actual knowledge. The second applies if the seller is in the business of building or selling such homes: the house must be free from structural defects, constructed in a workmanlike manner, and fit for habitation, without the knowledge qualifier. The test in each case is whether the work would pass without objection in the trade.

The statute defines structural defects as defects that reduce the stability or safety of the structure below accepted standards or that restrict the normal use of the structure. That is a high bar compared with a cosmetic punch list item.

The warranty attaches at the transfer of record title or when you take possession, whichever comes first, and it survives the transfer of title. It is in addition to any other warranty on the house or its materials, which is where the builder’s own written warranty fits in.

When there is a breach, the first step is written notice. The statute requires the buyer to give the builder notice of the nature of the warranty claim before suing, and gives the builder a reasonable time, not to exceed six months, to cure it. How you send that notice is not casual; we cover the mechanics in the timeline below.

The order of events: before closing to the end of year one

Before closing. Do the walk-through close to closing day, and write the punch list during it. The Consumer Financial Protection Bureau advises doing a final walk-through before you sign anything, and says that if agreed repairs have not been made, you should contact the seller immediately. It also notes that a seller may offer a credit toward closing costs in place of a repair that cannot be finished in time.

At the closing table. The CFPB states plainly that you are not committed until you sign the closing documents and that you can walk away, though you might lose a deposit and face other consequences under your purchase contract. Read your contract’s closing and delay provisions weeks ahead. If a major item is unfinished, get a written agreement on who completes it, by what date, and what happens if they miss it.

The first month. Live in the house and keep adding to the list. Run every system through normal use, including a heavy rain. Send new items to the builder in writing, with photos, and note the date.

Month ten or eleven. The statutory warranty runs one year from the transfer of title or from your taking possession, whichever is earlier, so do a full second walk-through well before that date. Send written notice for anything you have found, using a method that gives you a receipt. Whether a notice sent very close to the anniversary is timely is a question for your attorney, so do not leave it for the last week.

Writing the notice letter

A good notice letter is dull. Put your name, the property address and the date of your purchase contract at the top. List each defect with its location, a short description and the photo file name. State that you are giving written notice of a warranty claim, ask for a written response and repair dates, send it by a method that produces a receipt, and keep both.

Because every contract is different, ask a Virginia real estate attorney to look at the letter if anything on your list involves structure, water intrusion or a dispute over who is responsible. If you do not yet have an agent or attorney lined up, our buyer process page explains how we work with buyers, and our guides on whether you need a buyer’s agent for new construction and the pros and cons of representation show where an agent helps on a builder’s contract.

When the builder will not respond

The Board for Contractors at the Virginia Department of Professional and Occupational Regulation (DPOR) licenses businesses that build or repair facilities on property owned by others, and DPOR takes consumer complaints against its licensees. Its complaint page is explicit about limits: DPOR and its boards cannot require a business to refund money, correct deficiencies or provide other personal remedies, and in some cases private legal action may be the only recourse. If a builder stops responding, bring in an attorney, and a tight paper trail from your list and notice letter keeps that conversation short.

If you are still choosing between builders or comparing new construction homes in Richmond, ask each one how they handle punch list repairs after closing, who your contact is, and how they want repair requests submitted.

This is general information, not legal advice. Laws change, and your contract controls the details. For a specific dispute or a notice you are about to send, talk to a Virginia real estate attorney.

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