
- Category: contract law, Contracts
Bug or Expectation? What Counts as a Software Defect in Czech Law
“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’s a Defect Under Czech Law?
A defect is:
mismatch with agreed specifications,
functional error preventing normal use,
incorrect results, crashes or incompatibility.
Examples:
Button doesn’t respond.
App crashes on normal use.
App only runs on one OS, though multi-platform was agreed.
📌 What’s Not a Defect?
Features that were never agreed in writing.
Bugs caused by unauthorized interference.
Errors due to changed environment (e.g., OS update).
“Wishes” that were never part of the official brief.
Without a detailed scope, disputes become inevitable.
🧠 What’s the Role of Acceptance Testing?
Acceptance phase allows:
the client to verify functions,
the developer to deliver formally,
both parties to close the stage with clarity.
After acceptance, only hidden defects may still be claimed.
🔧 What Are the Remedies?
Under Czech Civil Code (§ 2615), the client may:
demand a fix,
request a discount,
or withdraw from the contract if the defect is significant.
But this only works if the contract defines defects, timelines, and procedures well.
🧱 Real Case
A client ordered a CRM app. After delivery, he claimed “Outlook integration is missing.”
The contract never mentioned Outlook.
The developer won in court.
→ Only agreed features can be legally enforced.
✅ Unsure if your software issue counts as a defect?
📩 Legal consultation from CZK 1,500 excl. VAT.
I’ll review your contract, analyze your claim and suggest the right course of action.
Contact a legal professional – I specialize in contract law.
Learn more here.
- Publikováno:
- Naposledy aktualizováno: 19/06/2025