Mgr. ANNA VEJMELKOVÁ, advokát

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Subcontractors in Czech Work Contracts: Who’s Liable for Mistakes?

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In construction and other projects, contractors often bring in subcontractors. They handle parts of the job – wiring, plastering, roofing.
But what if something goes wrong? Is the contractor still liable?

Clients often hear: “That part was done by another firm. It’s not our fault.”
But under Czech law, this is not a valid defense.

⚖️ What Does Czech Law Say?

Under Sections 2913 and 2631 of the Civil Code:

“Anyone who uses another person to fulfill an obligation is liable as if they performed it themselves.”

In other words: if you hire someone, you’re still fully responsible.


🧱 Real Case: Faulty Electrical Work

A contractor renovated a flat and hired a separate firm to do the wiring. After handover, serious faults appeared – dangerous circuits, poor quality cabling.
The contractor argued: “We didn’t do that part.”
But the court ruled: the contractor was the primary contractual party and must ensure the job is done correctly, no matter who performed it.


📌 What Does It Mean in Practice?

  • Even when you hire subcontractors, you are fully liable to the client.

  • The client doesn’t deal with subcontractors – they hold the contractor responsible.

  • You may seek damages from your subcontractor, but that’s your own legal matter.

  • No delegation of legal responsibility is allowed unless agreed in writing with the client (rare and risky).

✅ Dealing with subcontractor errors?

📩 Short legal consultation from CZK 1,500 excl. VAT.
I’ll help clarify legal responsibility, prepare claims or defenses, and protect your position.

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

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