Mgr. ANNA VEJMELKOVÁ, advokát

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Agile Development and Czech Law: Can Flexibility Meet Legal Certainty?

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“We’ll figure it out as we go.”
“We’ll deliver in iterations, adjust based on feedback.”
Agile is great for tech. But law wants certainty.

If there’s no fixed scope, timeline or price, how can you enforce the contract if things go wrong?

⚖️ Why Law Prefers Certainty

Under Czech Civil Code (§ 2586 ff.), a work contract must define:

  • subject of work,

  • price or price method,

  • time or deadline.

No definition = no enforceability.


🔁 What Is Agile?

Agile methods like Scrum or Kanban:

  • skip detailed specs upfront,

  • deliver in sprints,

  • allow continuous feedback,

  • require active client involvement.

Good for tech. But chaotic legally – unless covered in writing.


🧠 How to Draft a Proper Agile Contract?

Ensure the contract:

  1. Explicitly states it’s agile,

  2. Describes how it works (sprints, backlog, reviews),

  3. Defines roles and duties,

  4. Regulates acceptance of deliveries,

  5. Contains a conflict resolution clause.

You can even treat each sprint as a separate deliverable under Czech law.


📌 Common Pitfalls

  • Written as a classic contract, but agile in practice.

  • No fallback if the client skips a sprint review.

  • No penalties or timeline clarity.

  • No endpoint defined.


🧱 Real Case

Startup used agile, no clear scope.
After 6 months: no working version.
Developer demanded payment, client refused.
Court sided with neither – the contract was too vague.
Everyone lost.


✅ Want agile freedom without legal chaos?

📩 Custom agile contracts from CZK 3,500 or legal consultation for 1,500 CZK excl. VAT.
Let’s bridge law and technology – properly.

Contact a legal professional – I specialize in contract law.
Learn more here.

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