Contract for work template
Made-to-order goods, repairs or renovation: price, deadline, handover and warranty, for the customer or the contractor
This document rests on a fixed pattern prepared by Paragrafo; it is not a law firm template. Its wording is not written by AI, only the details from the form are filled in. For a non-standard situation we recommend a solicitor.
Law in force as at
Zmluva o dielo
- I. Zmluvné strany
- II. Predmet zmluvy
- III. Čas plnenia
- IV. Cena a platobné podmienky
- V. Vykonanie a odovzdanie diela
- VI. Zodpovednosť za vady a záruka
Under a contract for work, the contractor undertakes to carry out a work for the customer at its own risk and the customer undertakes to pay the price. The work may be making an item to order, such as furniture or clothing, repairing or altering an item, or construction work such as renovating a bathroom.
Which law applies depends on the parties. When a business does the work for a private person, it is a consumer contract governed by the Civil Code and the consumer protection act. Between businesses acting in their business activity the Commercial Code applies, in all other cases the Civil Code. The template picks the regime by who has a company ID.
The template does not cover building a new structure or alterations requiring a building permit, nor work protected by copyright such as a website or graphics; use the customer agreement and the licence agreement for those.
Who needs this document
- Someone ordering a kitchen, a built-in wardrobe or made-to-measure clothes
- A tradesperson or company doing repairs and renovations for households
- A flat owner commissioning a bathroom renovation or new flooring
- A company ordering manufacture or repair from another company
What the document must contain
- Precise identification of the customer and the contractor
- Description of the work: scope, dimensions, materials and quality
- Place of performance and completion deadline
- The price and, if it is set by a budget, the budget as an annex
- Who supplies the materials and what cooperation the customer provides
- Handover of the work with a handover report and the warranty period
- For a consumer and an off-premises or distance contract, information on the right of withdrawal
Legal basis
Civil Code
Governs contracts for work between private persons and with consumers: price by budget and by estimate, unsuitable materials and instructions, cooperation, the customer's withdrawal, made-to-order items, repairs and alterations, and the warranty period.
Commercial Code
Governs contracts for work between businesses in their business activity: price by budget, unsuitable items and instructions, handover of the work, defects and their notification, and the quality guarantee.
Act No. 108/2024 Coll. on consumer protection
Governs the consumer's withdrawal from an off-premises or distance contract, information about it and the request to start work before the withdrawal period ends.
Most common mistakes
Estimated price without warning of an overrun
If the price cannot be fixed when the contract is concluded, it is at least estimated. If the contractor finds the estimate will be substantially exceeded, under the Civil Code it must warn the customer in writing without delay and state the new price, otherwise it has no right to the difference. The customer may then withdraw from the contract.
Extra work beyond the budget without written consent
A price agreed by budget may not be increased without the customer's consent. Work and costs not included in the budget may be charged only if the customer approved them in writing or ordered them later in writing. A phone agreement is not enough.
Consumer not informed of withdrawal
When a business concludes a repair or renovation contract with a consumer at their home or at a distance, the consumer may withdraw without a reason within 14 days of concluding it. If not informed of this, the period is extended by up to 12 months. If work is to start earlier, the consumer must expressly request it; otherwise, after withdrawing within the period, they pay nothing for the work done.
Made-to-measure furniture and withdrawal
A consumer cannot withdraw without a reason from a contract for an item made to their specifications, even if it was concluded at a distance. The exception is a contract concluded during an unsolicited visit or at a sales event; then the consumer has 30 days to withdraw.
Short warranty for construction work
For a repair or alteration of an item, the Civil Code warranty period is three months unless agreed otherwise. For construction work, however, it is at least eighteen months and a shorter one cannot be agreed.
Handover without a report
Without a written handover report it is hard to prove what defects the work had on handover and by when the contractor was to remedy them. Between businesses either party may ask for a handover record.
Frequently asked questions
Can the customer withdraw even if the contractor did nothing wrong?
Under the Civil Code yes, until the work is completed. The customer must, however, pay the contractor for the work already done if the contractor cannot use its result otherwise, and reimburse its reasonably incurred costs.
When is the price paid?
Unless agreed otherwise, under the Civil Code the price is paid only once the work is completed. If the work is done in stages or requires significant costs, the contractor may ask for reasonable advance payments while it is being carried out.
What if the customer insists on unsuitable materials or methods?
The contractor must warn the customer without undue delay. If the customer insists despite the warning, the contractor may withdraw from the contract. When making an item, the contractor is not liable for defects caused by the customer's unsuitable materials or instructions it warned about.
How long is the contractor liable for defects in made-to-measure furniture for a consumer?
Making a movable item to order for a consumer is subject to the rules on consumer sales. The contractor is liable for a defect that appears within two years of delivery, and the consumer must report it within two months of discovering it.
What if the customer does not collect the finished item?
The customer must take over a made item within one month of when it was due. If they do not take it over within six months of completion, the contractor may dispose of it freely. A repaired item not collected within six months may be sold by the contractor; if it knows the customer's address and the item is of higher value, it must notify the customer of the sale in advance.
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