Mgr. ANNA VEJMELKOVÁ, advokát

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WHEN A CONTRACT NEEDS ATTACHMENTS – AND WHAT HAPPENS IF THEY’RE MISSING

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“It was just one number in the attachment – and it cost me tens of thousands.”

Mr. Karel agreed on a furniture order based on an email arrangement. They signed a contract, and the technical drawing was supposed to be “added later.” But it was never signed. When the furniture didn’t match expectations, the supplier claimed he followed his own design. The court sided with him – the attachment wasn’t part of the contract.

When a contract needs attachments, what should be included, how to properly incorporate them, and what risks arise if they’re missing or incorrectly referenced. Common mistakes and how to avoid them.

📎 What is a contract attachment and why it matters

An attachment isn’t just an “add-on.” It is:

  • an integral part of the contract if identified as such,

  • a tool for precisely defining the subject, procedure, price, or documentation,

  • often a key piece of evidence in disputes over the contract’s content.


🧑‍⚖️ When a contract should have attachments

  • If the subject is technically complex (drawings, specs, documentation)

  • If the price is based on deliverables or items (price lists, budgets, statements)

  • If you refer to external documents (terms and conditions, timelines)

  • If there’s a need to clearly define responsibilities or scope


❌ What happens if the attachment is missing or improperly included

  • It might not be considered part of the contract

  • The court may ignore it

  • The other party can claim they didn’t agree to it

  • The contract lacks clarity, making enforcement harder


📚 Real-life example:

A builder signed a construction agreement referencing “project documentation.” But it wasn’t physically attached or signed. When a dispute arose over roof construction, the court disregarded the project. Only the wording in the contract body was considered.


✅ Lawyer’s recommendation:

If your contract refers to an attachment, make sure it’s actually attached and signed. Label it clearly (“Attachment No. 1 – Technical Specification”), include page numbers, and always sign – or at least initial – the document.

Do you have a contract with attachments and aren’t sure if everything’s in order?
Contact me – I’ll review the entire package and advise you how to avoid costly disputes.

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

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