Mgr. ANNA VEJMELKOVÁ, advokát

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Retention, Phases and Acceptance in Software Development

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In construction, you pay in stages – and keep part back until it’s fully done.
Software should be no different.
But many forget to protect themselves legally.

That’s where phased delivery and retention clauses come in – tools to ensure software is delivered properly, fully, and reliably.

⚙️ What Is Retention?

Retention is a part of the fee held back until:

  • bugs are fixed,

  • final acceptance is signed,

  • or a warranty period ends.

Usually 10–30%.
Motivates developers to finish and support the product.


🧱 What Is Phased Acceptance?

Breaking the project into stages (e.g. design → MVP → v1.0 → rollout) allows:

  • quality checks,

  • staged payments,

  • early bug detection,

  • better communication.

Each phase has:

  • specific outputs,

  • review and approval,

  • payment only after formal acceptance.


📌 What to Include in the Contract?

  1. Define clear project phases and their deliverables.

  2. Outline how and when acceptance happens.

  3. State retention % and release conditions.

  4. Include penalties for delays.

  5. Make billing conditional on formal acceptance.


❗ What If You Don’t?

  • Developer demands full payment despite missing features.

  • Client refuses to pay – without legal cause.

  • Endless disputes about scope.

  • Bugs discovered too late – and unpaid invoices remain.


🧱 Real Case

Client paid full price on “delivery”.
App turned out unstable, unfinished.
Developer ignored further calls.
→ Had there been retention, the client would’ve had leverage.

✅ Want to protect your software project?

📩 Get a proper software contract with phases and retention – from CZK 3,500. Quick consults from CZK 1,500 excl. VAT.

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

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