⚖️ What Is Statutory Liability for Defects?

This arises automatically under Czech law (Civil Code § 2615). The contractor is liable if:

• the work has defects upon handover,

• it doesn’t meet contractual or technical standards,

• or it isn’t fit for its intended use.

The client must notify defects without undue delay, and no later than 2 years after handover (5 years for buildings).

📜 What Is a Warranty?

A warranty is voluntary – it must be expressly agreed in the contract or separate warranty document.
It guarantees that the work will remain defect-free for a certain period. Unlike statutory liability, the contractor is liable even if the defect appeared later.

The warranty is in addition to the legal liability – not a replacement.

🧱 Real Case: Façade Warranty Confusion

A client commissioned façade insulation. After 3 years, the plaster peeled off. The contractor said the 2-year liability period expired. The client claimed a 5-year warranty based on an email.

The court found the email too vague – no formal warranty was granted. The contractor was no longer liable.
Lesson? Always clarify if a warranty exists and what it covers.

📌 Key Takeaways

• Warranty ≠ statutory liability.

• Warranties must be clearly agreed in writing.

• Legal liability applies by default, but with limited scope.

• Burden of proof is lighter for clients with a warranty.

• Knowing the difference helps prevent disputes and false expectations.