Construction lawyer in the Czech Republic: construction contracts and building defects

Without undue delay after the client discovered the defect or could have discovered it with due care (Section 2618 of the Civil Code); for a building, no later than five years after acceptance (Section 2629). Different rules apply to consumers. Notify defects in writing, with a description.

Sometimes yes, even without written approval. The Constitutional Court has accepted that work beyond the scope of the contract may be a separate performance. The contractor can then claim payment on the basis of unjust enrichment. The specific circumstances and the wording of the contract are decisive.

It can be. According to the Supreme Court (25 Cdo 3086/2024), a company whose business activity is design work must compensate damage caused by defective design documentation prepared by its shareholder – an authorised designer (autorizovaný projektant) acting on its behalf.

Unless the parties agree otherwise, the right to payment of the price arises when the work is carried out, i.e. completed and handed over (Sections 2604 and 2610 of the Civil Code). If the client does not pay, we send an attorney's demand letter and, depending on the response, propose instalments, settlement negotiations or a lawsuit. If the client is withholding payment because of defects or variations, it is a dispute in which negotiating a settlement often pays off.

Debt collection

For companies, we charge CZK 4,300/hour excl. VAT; for individuals, CZK 3,700/hour excl. VAT (CZK 4,477 incl. VAT). For recurring projects, a fixed fee or a monthly retainer from CZK 35,000 can be agreed.