Complaining about a tradesperson's work: how to report a defect and what you can demand
When work is defective, the deadline for complaining, what to put in a written complaint, your rights (repair, discount, withdrawal), the 30-day limit for consumers, and what to do when the tradesperson does not respond.
A month after the bathroom renovation, the grout starts cracking and a damp patch appears under the bath. The tradesperson doesn't answer the phone or says “that's normal with new bathrooms”. The law gives you clear rights in this situation, but you need to use them correctly and on time.
1. When the work is defective
Work is defective if it does not match the contract (Section 2615(1) OZ). That is why what you put in writing matters so much: dimensions, materials, colour, flatness, function. The contractor is liable for a defect the work had at handover, even if it shows up later; for a defect arising after handover, the contractor is liable if they caused it by breaching their duty (Section 2617 OZ).
2. The deadline for complaining
- Report the defect without undue delay after you found it or, with due care, should have found it, and no later than two years after the work was handed over (Section 2618 OZ).
- For a building and alterations to it, a hidden defect must be raised no later than five years after acceptance (Section 2629(1) OZ).
- If the tradesperson gave a quality guarantee, the guarantee period runs from handover of the work (Section 2619 OZ).
- If you miss the deadline and the contractor objects, the court will not grant you the right. So don't wait to see “whether it gets worse”.
3. How to write the complaint
- Your name and address, the tradesperson's name or company and their ID number (IČO).
- A reference to the contract or order and the date the work was handed over.
- A description of the defect: what, where, since when, and when you found it.
- Dated photos or video; for damp or cracks, several shots a few days apart.
- Which right you are claiming (repair, discount or withdrawal) and a proposed repair date.
- Date and signature. Send it by e-mail and by registered post, and keep a copy.
If you are a consumer and the tradesperson is a business (Section 2(1) of Act No. 634/1992 Coll., letters a and b), they must give you a written confirmation of the complaint stating its date, content and the remedy you are asking for (Section 19(2) of Act No. 634/1992 Coll.).
4. What you can demand
Rights arising from defective work are governed, by analogy, by the rules for purchase contracts (Section 2615(2) OZ). What matters is whether it is a material breach of contract, i.e. one the tradesperson knew or must have known would have stopped you from signing had you foreseen it (Section 2002(1) OZ).
- Material breach: repair, a reasonable discount, or withdrawal from the contract (Section 2106(1) OZ). You cannot demand the work be redone as a replacement if the subject of the work cannot be returned or handed back to the contractor (Section 2615(2) OZ), which is usually the case for work in your flat.
- State the right you choose when you report the defect or without undue delay afterwards; you then cannot change it without the tradesperson's consent unless the defect turns out to be unrepairable (Section 2106(2) OZ).
- Non-material breach: repair or a reasonable discount (Section 2107(1) OZ). If the tradesperson does not fix the defect in time or refuses, you can ask for a discount or withdraw from the contract (Section 2107(3) OZ).
- Until the defect is fixed, you need not pay the part of the price that roughly corresponds to your right to a discount (Section 2108 OZ). So don't hold back the whole remaining amount.
5. The 30-day limit for consumers
If the tradesperson is a business and you are a consumer, the complaint, including fixing the defect, must be dealt with and you informed within 30 days of filing it, unless you agree on a longer period (Section 19(3) of Act No. 634/1992 Coll.). If that period passes without result, you can withdraw from the contract or ask for a reasonable discount (Section 19(4) of Act No. 634/1992 Coll.). They must give you a confirmation of how the complaint was settled, or a written reason for rejecting it (Section 19(5) of Act No. 634/1992 Coll.).
6. Costs and damage
Anyone with a right arising from defective performance is also entitled to reimbursement of costs reasonably incurred in exercising it, such as a registered letter. Claim it no later than one month after the deadline for reporting the defect expires (Section 1924 OZ). If the defect caused further damage, such as a flooded floor, you can claim compensation for that too; but what you can obtain through repair or a discount cannot be claimed again as damage (Section 1925 OZ).
7. The tradesperson does not respond
- A consumer is entitled to out-of-court resolution of a dispute under a consumer contract (Section 20d of Act No. 634/1992 Coll.). For trade and repair work, the body in charge is the Czech Trade Inspection Authority, Česká obchodní inspekce (Section 20e of Act No. 634/1992 Coll., letter d).
- File the request no later than 1 year from the day you first raised the complaint with the tradesperson (Section 20p of Act No. 634/1992 Coll.).
- In court, the general limitation period is three years (Section 629(1) OZ), running from the day you could first exercise the right (Section 619(1) OZ).
- If you disagree on whether there is a defect at all, an independent expert's opinion helps. For large sums, contact a lawyer.
