Construction law
Construction disputes rarely begin in court. They usually start with an unsigned acceptance certificate, a withheld payment, a crack in a wall, or a notice from the inspectorate. We advise on construction contracts, defects, payment, and the consequences of unauthorized construction. We prepare documents and represent clients in disputes with contractors, neighbors, and public authorities.
How we help with construction and contracting matters
Drafting and reviewing construction contracts, including the scope of work, deadlines, price, and allocation of responsibility.
Resolving disputes over defective work, repairs, warranty obligations, and payment.
Advising on construction permits, remedies for unauthorized construction, and completion approvals.
When you may need a construction attorney
The contractor has not finished the work
Work has stopped, the deadline has passed, and the project has not been handed over. The first step is to document how much work has actually been completed, then decide whether to terminate the contract or demand performance. That decision also affects claims for the unused advance payment and damages.
Cracks or damp have appeared
Defects have emerged after the building was put into use. The key questions are whether the warranty is still in effect, when the defect was discovered, and when the contractor was notified in writing. The limitation period runs from the date of that notice.
You have not been paid for completed work
The client refuses to sign the acceptance certificate or pay. The law allows a certificate to be signed by one party alone, but a court may later assess whether the refusal to sign was justified. Every step therefore needs to be documented in writing.
Construction went ahead without a permit
An unauthorized construction report has been issued or a mandatory order received. Unauthorized construction is recorded in the Real Property Register, and use of the structure is prohibited. We first assess whether approval can be obtained, then consider challenging the authority’s decision or demolishing the structure.
You are in a dispute with a neighbor
The dispute concerns a construction permit, boundary setbacks, or access to sunlight. Deadlines are short, and the stage of construction affects which court has jurisdiction and what remedies are available.
You cannot obtain completion approval
A construction completion certificate has been refused or a declaration has not been approved because the work departs from the design. We establish which issues require physical changes and which can be resolved by amending the design and supporting documents.
What to know before a construction dispute
The acceptance certificate can shape almost every aspect of a later dispute. Defects noticed at acceptance can be relied on only if they are recorded in the certificate or the certificate reserves the right to request repairs later. Accepting work without inspecting it means losing the right to rely on visible defects. Hidden defects are those that could not have been identified at acceptance. The contractor must be notified within a reasonable time after they are discovered. Sign an acceptance certificate without reservations only after inspecting the work.
A warranty period is different from the limitation period for bringing a claim. The contractor, designer, design review contractor, or construction technical supervisor is liable for collapse or defects discovered within five years, within ten years for concealed structural elements, or within twenty years for deliberately concealed defects. These periods run from handover of all completed construction work to the client or from the date of construction completion. The contract cannot provide a shorter warranty period (Law on Construction, Article 41).
The limitation period is calculated separately. Claims for defective work have a one-year limitation period. If a defect is reported during the warranty period, that year runs from the date the defect was reported. The date of written notice can therefore be decisive. Alongside the handover certificate, the contractor must provide a document securing performance of its warranty obligations. This covers the cost of repairs if the contractor becomes insolvent. The requirement does not apply to structures legally classified as simple structures.
An unauthorized construction report does not necessarily mean the structure must be demolished. The issue may be resolved by obtaining approval: preparing design documents, paying the fee set out in Annex 1 to the Law on Construction, and obtaining a construction permit (Law on State Supervision of Territorial Planning, Construction and Land Use, Article 14). This is possible where a structure of that intended use is permitted at the location under the applicable planning documents and complies with mandatory environmental, heritage, and protected-area requirements. A mandatory order sets a deadline of no more than six months, which may be extended once for valid reasons. An unfulfilled order is an enforceable document and is referred to a bailiff for enforcement.