Mgr. ANNA VEJMELKOVÁ, advokát

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Changing the Brief During Software Development: Extras or Not?

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“My app doesn’t work as I expected!”
“That’s not a bug, it’s a feature.”
Software disputes often revolve around what exactly constitutes a defect – and what’s merely a misunderstanding.

⚖️ What Counts as Additional Work?

Under Czech Civil Code (§ 2586/2), extra work must:

  • be requested by the client,

  • go beyond the original scope,

  • and increase cost or workload.

Without agreement, the developer isn’t obliged to perform it – especially not for free.


📌 What If It’s Unclear?

Without detailed specs, it’s hard to judge whether a request:

  • was “implicitly included”,

  • or is a new requirement.

So, always define:

  • original scope in writing,

  • change approval process,

  • price per hour or per change.


🧠 Best Practice for Contracts

Include:

  • change logs or protocols,

  • pre-agreed hourly rate for extras,

  • clear approval rules.

Otherwise, a client’s “tiny change” can cost 40 dev hours.


🔧 What If the Developer Proposes a Change?

They must:

  • inform the client,

  • and get written approval.

Without this, the final product might be legally defective.


🧱 Real Case

A client ordered Excel export. After delivery, he complained about missing PDF export.
PDF wasn’t in the contract.
Developer refused.
The client had no claim – the PDF wasn’t agreed.

✅ Dealing with scope creep or mid-project changes?

📩 Get legal help drafting addendums, change protocols or checking if it qualifies as extra work – from CZK 1,500 excl. VAT.

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

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