Litigation and compensation · Slovakia
The work has defects. You need a way forward.
You commissioned construction, renovation or other work, but the result does not match the agreement. The contractor denies the defects, leaves them unresolved or demands further payment. We review the contract, the condition of the work and the correspondence. You receive an assessment of your position, the evidence needed and your options.
- For commissioning clients and investors
- Documents and defect complaints
- Assessment before negotiation or proceedings
What we'll do for you
We start by assessing the contract, work records and complaints within an agreed scope. You can then decide on negotiation, further expert evidence and any representation.
Select an item to see the details.
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Timeline and evidence
We organise the work, handover, discovery and notification of defects. We separate documented events from unresolved questions and identify missing documents.
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Review of complaints and contract
We review the description of defects, correspondence with the contractor and agreed rules for handover, repairs and warranty. We assess steps already taken and flag questions requiring further checks.
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Options for resolution
Depending on the case, we assess the conditions for the requested repair, price reduction, completion by another firm, damages or termination of the contractual relationship. Our recommendation sets out the assumptions and risks of the proposed approach.
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Defence against a payment demand
If the contractor demands a balance, we assess its documents alongside your objections. We recommend a response and identify questions needing legal or technical support.
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Brief for an expert assessment
We separate technical questions from legal issues and prepare materials for a specialist or expert. Their involvement and the arrangements for a report are agreed separately.
Deliverablewritten assessment of the documents, an overview of options and recommended next steps
We agree the assessment scope and fee in advance. A complaint letter, negotiation, court claim and representation are subsequent stages subject to a separate agreement. We do not carry out building surveys; specialists' fees and court fees are addressed separately.
How it works
Does this process fit your matter? Describe it to the attorney →
- Agree the brief
Describe the condition of the work and what has happened so far. We check whether we can act, urgent questions and the documents needed. We confirm the assessment scope, fee and timing.
- Assess the documents
We review the contract, complaints and evidence. We consider unresolved questions and prepare a written recommendation with options for proceeding.
- Choose the next stage
Based on your decision and a separate agreement, we prepare correspondence with the contractor, a settlement proposal or materials for proceedings.
- Representation and evidence
Where representation is agreed, we prepare the claim or defence and conduct the procedural steps. We work with an appropriate specialist on technical issues within the agreed scope.
No-obligation enquiry
Ready to start?
Describe the agreed work, the specific defects and the contractor's response. Mention any ongoing proceedings and deadline. After checking whether we can act, we will agree the assessment scope, fee and documents needed.
- 1Send your enquiry via this form
- 2Agree the assessment scope, fee and required documents
- 3We start work only after your approval
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Prefer to book a time right away? Book a consultation →
Or email us about this matter.
What clients ask
Didn’t find your question? Ask us directly →
What do you need to assess the defects?
The contract, a description of specific deficiencies, photographs, records and correspondence with the contractor. Tell us when you discovered the defects, whom you notified, how you did so and what followed. We will ask further questions and request other materials as needed.
Do we need an expert report before contacting you?
No. We first review the available records and identify unresolved technical questions. If you already have a report, we include it in the agreed assessment. We discuss the need for another specialist and their brief separately.
We want another firm to repair or complete the work. Can you help prepare?
Yes. We assess the existing contract, correspondence, condition of the work and proposed approach. We identify the evidence needed to record the condition before any intervention, and matters to resolve with both the current contractor and the new firm.
The contractor demands payment despite our complaints. Can you defend us?
Yes. We assess the payment demand together with the defect records and steps already taken by both sides. If you have received a demand or court document, mention its delivery date and any deadline in your initial enquiry.
Do you also represent contractors disputing a complaint?
We can take on such a matter after checking conflicts of interest and agreeing the scope. We assess the specific complaint and the contractor's records. This page focuses mainly on the commissioning client, so please state which side you are on when enquiring.
Does the assessment include court proceedings?
Not automatically. You first receive a recommendation based on the agreed set of documents. Negotiation and court representation require a separate agreement on scope and fees. If proceedings are already underway, we adapt the proposed engagement to their current stage.
I am a contractor seeking payment. Which service should I choose?
For payment of the contract price, additional work or retention, see Unpaid construction work, additional work and retention (page in Slovak). We assess the individual amounts, available evidence and next steps. This page focuses on defects and the commissioning client’s defence.
Legal Q&A
Common questions on this topic
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How do defect liability and warranties work under a construction contract?
A construction contract between businesses is governed by the Commercial Code. The contractor is liable for defects present at handover. The employer must notify defects without undue delay after discovering them or when they should have been discovered, and within five years of handover for buildings. If a quality warranty is agreed, the warranty period replaces this period. Late notification does not, however, automatically extinguish the rights: the court considers the contractor’s objection, and the Act provides an exception where the contractor knew the cause of the defect.
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The customer is using the works but has not signed the handover record and refuses to pay. What can we do?
The precise wording of the agreement is decisive. If signing a handover record is agreed as a condition of handing over the works, courts have long held that without it the works have not been handed over and no entitlement to the price has arisen, even if the customer uses them. In 2025, Czech case law began denying protection to parties invoking the agreed form dishonestly; Slovak courts have not yet adopted that shift. New agreements should therefore include deemed handover.
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The works are defective. Can we claim damages as well as a price reduction?
Yes, but the claims must be kept distinct. What can be obtained through defect remedies, such as repair, a price reduction or replacement performance, cannot be claimed again as damages. Consequential losses not covered by the reduction, such as profits lost during production downtime or costs caused by the defect in dealings with your customers, are claimed separately as damages. Note the statutory limit: a price reduction excludes lost profits arising from the very missing characteristic to which the reduction relates.
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Further reading
Work statements, interim invoices and retention: construction payments depend on the contract
When a contractor gets paid depends on the contract’s billing arrangements: statements of completed work, approval and retention. Set them up so payments continue throughout construction and the first disagreement does not stop cash flow.
Read more →
Acceptance records in contracts for work: the formality that determines payment
Contractors generally do not get paid until handover, and the contract defines what handover means. How to agree acceptance records, deemed acceptance and acceptance with minor defects, and what selected Slovak and Czech decisions suggest about withheld signatures.
Read more →
Breach of contract under the new rules: one system of remedies
The draft new Civil Code (parliamentary print 1312) is intended to unify remedies for breach across all contract types. Today, they must be found in incomplete rules for individual contracts, often in two different codes. What this would change for clauses in your templates.
Read more →