Mgr. ANNA VEJMELKOVÁ, advokát

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Claiming Defects in Work: How to Handle Complaints as a Client or Contractor

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The job is done. But the client isn’t happy. “This is crooked, that’s loose, this doesn’t work…”
A typical moment of conflict: the client wants to claim a defect. The contractor believes the work is fine.
Who’s right? And what are the legal rules under Czech law?

⚖️ What Does the Law Say?

According to § 2615 of the Czech Civil Code, the client may claim defects that:

  • existed at the time of handover,

  • or appear later during the warranty period.

The contractor is liable for any defects existing at handover, even if they appear later.
They are not liable for defects caused by:

  • improper use by the client,

  • third-party interference,

  • or lack of maintenance.


🧱 Case Study: Complaint After Three Months

A client claimed paving stones were uneven. The contractor argued they had been installed correctly and that the issue was caused by poor drainage installed later by the client.
There was no signed handover report. The court found the contractor partly liable – but also blamed the client. Both shared the cost of repairs.


📌 How Should a Client File a Complaint?

  • Promptly – as soon as the defect is discovered.

  • In writing – with a date, description of the issue, and proposed solution.

  • With evidence – such as photos or witness statements.

  • Allow the contractor to fix it – refusing this may affect your rights.


🛠 How Can a Contractor Defend Themselves?

  • Show that the work was handed over without defects – ideally with a signed report.

  • Prove the issue was caused by someone else – not their fault.

  • Offer a repair promptly – or refuse with clear reasoning.

  • Document everything.

✅ Facing a complaint or dealing with a dispute?

📩 Short legal consultation from CZK 1,500 excl. VAT.
Let me help assess whether the claim is valid and how to proceed professionally and legally.

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

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