Construction and development · Slovakia
Architectural concept design agreement
An architectural concept design is the first phase of a project and a copyright work. If the contract does not address licensing, the architect decides how it may be used in later stages, not you. We prepare an agreement defining the brief, deadlines, payments and copyright so the project stays in your hands from concept to occupancy approval.
- Licence for later project stages
- Experience with development projects
- Prices agreed in advance
What we'll do for you
Full preparation or review of the architectural concept design agreement, including the copyright provisions that are often the client's weakest point in architects' drafts.
Select an item to see the details.
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Initial consultation and brief
We discuss the proposal and help formulate the concept brief — intended use, capacity, number of options and documents to be supplied to the architect.
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Concept design agreement
The subject and scope, deadlines, client cooperation, acceptance process with comments, and consequences of delay.
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Copyright and licence
A licence for later documentation stages, marketing and project changes, including consent for another person to modify and complete the concept.
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Fee and payment milestones
Payments linked to delivery and acceptance of parts of the concept rather than merely the passage of time, including what happens to the fee on early termination.
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Termination and work in progress
Withdrawal and termination rules and the right to use the unfinished concept so ending the relationship does not stop the entire project.
Deliverablea signed architectural concept design agreement with a licence for use in later project stages
How it works
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- Consultationday 0
We discuss the proposal, project stage and arrangement with the architect. We explain what the agreement must address to avoid dependence on one supplier.
- Drafting or review
We prepare a tailored agreement or comment on the architect's draft, focusing on licensing, acceptance and payment milestones.
- Agreement and signingat your pace
We negotiate disputed points with the architect and prepare the final version for signing, explaining key provisions.
An architectural concept design is the first decision that shapes the entire project, testing the site’s intended use, capacity, volumes and alternative solutions. Legally, however, it has two aspects: the agreement to produce it is a works contract, while the result is the architect’s copyright work. The copyright provisions in architects’ draft agreements are often written for the author rather than the investor.
The statutory rule for a commissioned work under § 91 of the Copyright Act (Act No. 185/2015 Coll.) allows the client to use it for the purpose arising from the agreement; anything else requires the author’s consent. If the agreement is silent, the developer cannot be sure it may give the concept to another designer as a basis for project documentation, use the visualisations for marketing and pre-sales, or modify it later. Each step then depends on the architect’s further consent, leaving the developer hostage to its own concept. The solution is an express, sufficiently broad licence for later documentation stages, adaptation and changes by others, and marketing, with agreed exclusivity and duration. An exclusive licence requires writing by law (§ 65(3) of the Copyright Act), so leaving it for later is not an answer. Beware the default: unless an exclusive licence is agreed, the author is deemed to grant a non-exclusive licence (§ 70(1)) — silence therefore favours the architect.
Another point investors underestimate even more: the architect may use a commissioned work itself and allow others to use it, unless otherwise agreed and provided this does not conflict with the client’s legitimate interests (§ 91(2) of the Copyright Act). Without a contractual restriction, the same or a very similar design could therefore appear in a competitor’s project; any dispute would turn on whether this conflicts with your legitimate interests, an uncertain basis. Exclusivity and a ban on use for a competing project belong in the agreement, not merely in a relationship of trust.
The other layer is the author’s moral rights: attribution and integrity of the work. The architect cannot transfer these, but can give defined advance consent to alterations. A good agreement therefore combines the licence with that consent and a clear acceptance process: what the brief contains, how many options are included, how comments are handled, when the concept is accepted and what triggers payment. It also addresses the investor’s cooperation and documents, deadlines and consequences of delay, and early termination, including the right to use unfinished work so a terminated relationship does not stop the project.
Selecting an architect through a competition is a separate issue. Whether holding an architectural competition or comparing proposals, rights to submissions, participants’ fees and the winner’s duty to enter a contract must be addressed in the competition terms — after evaluation, the negotiating positions reverse. We also prepare the concept agreement with what follows in mind: project documentation for permitting and the approvals process. When the phases connect contractually, the project does not depend on one supplier’s goodwill.
No-obligation enquiry
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Send us an enquiry. We reply within 24 hours with a price confirmation and next steps. The first 30-minute consultation is free and commits you to nothing.
- 1Send your enquiry via this form
- 2Within 24 h you get a price confirmation and plan
- 3We start work only after your approval
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What clients ask
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Why is an ordinary works contract or purchase order insufficient?
An architectural concept is a copyright work, so copyright must be addressed alongside the works contract. By law, a client may use a commissioned work only for the purpose arising from the agreement and needs the author's consent for other uses. If the contract does not define the purpose and licence, the architect effectively controls the concept's future use.
Can another designer prepare project documentation based on the concept?
Only if you have the licence to do so. We therefore include express permission for someone other than the author to use the concept as a basis for later documentation, with consent to completion and changes. Otherwise, every change of supplier depends on the architect's further consent and price terms.
What are the architect's moral rights, and can they be transferred?
Alongside economic rights, the author has moral rights, particularly attribution and integrity of the work. These cannot be transferred or waived, but the author can consent to alterations. We therefore agree defined consent to changes in advance so project modifications are not blocked by an authorship dispute.
What happens to an unfinished concept if we end the cooperation?
Without contractual provisions, you risk paying for unfinished work you cannot use. We therefore agree that, on termination, you receive the unfinished concept and a licence corresponding to the fee paid, allowing the project to continue with another architect.
Should we commission directly or through an architectural competition?
Each has its rules. For a direct commission, the agreement itself is central. In a design competition, the terms must already address rights to submissions, participants' fees and the winner's duty to enter into a contract. Otherwise, after judging the competition, you may have no rights to the proposal you selected. We help with both routes.
Legal Q&A
Common questions on this topic
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As a developer, do I own the copyright in the design documentation?
Design documentation is protected by copyright if it constitutes a unique result of creative intellectual activity. A technical document or its designation as design documentation does not in itself attract protection. For a protected design, the author is the designer or architect who created it through their own creative activity. Commissioning a design gives you a licence to use it for the purpose arising from the contract, not unlimited rights. Other uses, particularly building the same design again or having another designer alter it, require a specific agreement; moreover, the author’s economic rights cannot be transferred.
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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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Can a contractor charge more than the budget for additional works?
It depends on how the price is agreed. If it is fixed or set by a budget, more demanding work does not itself change the price. If the contract states that the budget does not guarantee completeness, the contractor may seek a reasonable increase for unforeseeable activities, but must notify them without undue delay or lose the claim. An increase exceeding 10 % allows the employer to withdraw from the contract.
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Further reading
Construction is no longer an unregulated trade: what a building company needs today
Since 1 April 2025, constructing buildings requires a trade authorisation subject to professional qualifications. Companies holding the former unregulated construction trade have until 31 March 2029; companies established after 1 April 2025 have no transition period.
Read more →
The construction site diary as evidence: missing entries are hard to prove years later
In a dispute over delay or defects, the site diary is often the only contemporaneous record. Construction Act No. 25/2025 Coll. specifies who keeps it and who may make entries; its evidential value depends on consistent records and the contract.
Read more →
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 →