Construction and reconstruction of a house or apartment or contract for work

However, matters concerning the construction of the construction are always the work.If you have a house built, it does not matter if it will be from your own or the builder of the materials supplied, you will conclude a contract for work.It will be the same with the reconstruction of bathrooms, repairing floors or replacement of windows.This is especially important in the question of guarantees and responsibility for defects.

The price of the work and its destination

The price of the work is certainly important for everyone, but it is not a so -called essential for the contract.If you agree with someone to do something for a fee, but you will not agree with the exact price, the contract will be valid without this item.But how do you find out how much to pay?The price should correspond to the usual remuneration for a similar service at a given location.The unknown price does not cancel the contract, but it will cause problems.The idea of what is the usual price will usually differ quite much between contractors and customers.So take the price in advance as a basis, even if it is not a legal condition.

The entrepreneur has 30 days to deal with the complaint, including the removal of the defect.However, if your neighbor (ie non-entrepreneur) is carried out, the defects are not in the regime of the Consumer Protection Act and the period for the settlement is not determined by law.

Sometimes there is a situation where the price simply cannot be determined in advance. The bricklayer gets the task of reconstructing the old bathroom, but does not know what is under the tiles. In such cases, the price is determined with the consent of both parties an estimated, which of the logic of the matter that the result will be slightly different. But it has its limits. It cannot be estimated that the repair will cost a few hundred and charge several thousand. The Civil Code says that if the Contractor finds that the price set by estimated must be significantly increased after the contract, it must notify the Client and justify it. If he does not do this without undue delay after finding the need to exceed the estimate, he is not entitled to pay the difference. If you reconstruct the bathroom and finally give you an invoice with a 20% increase, which justifies that the concrete was too stiff and damaged the tools, it is not entitled to pay the difference in price. However, if it announced it at the time of finding a higher price of work compared to the original estimate, there are two options for the client. If he does nothing, he agrees to increase the price. The second option is the withdrawal from the contract and payment of only what was done. Sometimes it could be a problem to determine what specifically means "the need to raise considerably". As a rule, it is reported that it is an estimated price of ten or more percent. But it will depend on the specific value of the contract.

For more complicated, especially construction and reconstruction work, it is common and recommended to negotiate the price according to the budget showing individual items, work and their price.If a fixed price or price is determined in advance, none of the contracting parties can require a change, even if more effort and costs are required than expected at the beginning.Only if there was a completely unpredictable circumstance that would make the work significantly more difficult (for example, in July, it was freezing, in November there were extensive floods), the court may decide to increase the price.

However, there is a certain inconspicuous formula that can be circumvented by the strict budget conditions, and it is necessary to be careful. Indeed, the contractor may propose the budget with reservations and assign it to the contract or conditions under such a designation. If the reservation is given that the completeness or reservation is not guaranteed that the budget is non -binding, the Contractor may require an increase in the price. In the case of an incomplete budget, the price may be reflected in advance of unforeseen work and activities, and the difference between the predicted and the contractor is effectively incurred in the uninterrupted budget. If the customer disagrees with such an increase, the price is determined by the court, which is always unpleasant and will become more expensive. Even in the case of non -war and incomplete budgets, the contractor must report changes without undue delay, otherwise he is not entitled to pay them. In turn, the Client may withdraw from the contract without undue delay if he / she learns about higher costs that exceeds 10% of the price of the original budget.

There may be one more unexpected situation in the event of a construction.If it is found that there is a hidden obstacle (for example, a forgotten dump of chemicals or archaeological sites) preventing a work in an agreed manner, the Contractor may propose a change in the contract, including a change in the price.The work may interrupt the work, and unless there is any agreement, any party may withdraw from the contract.However, the contractor belongs to the price of the price for what he has already done before the obstacle is discovered.

Implementing the work and things to the work

We usually assume that the contractor will perform the work in person.However, it can "only" oversee its production if the design is not dependent on its personal characteristics.The contractor should provide everything himself with the necessary care and complete the work in time.If it is not precisely agreed by which it is to be done, the time of performance should correspond to the time proportionate to the nature of the matter and work.In such a case, however, the time is agreed in favor of the contractor, so it will be rather longer than shorter.

The craftsmen are to proceed separately, specific commands regarding the way of performing the work are binding for them if it is agreed in advance.If you want to talk more to the work, agree on it in advance, avoiding unpleasant misunderstandings.However, the implementation of the work can be checked without any legal restrictions.For example, if you do a construction or residential reconstruction, it is not a matter of hiring an expert.It can reveal what you don't see yourself, and as a result save enough money on repairs.His work takes the form of a contract on control activities.If you want your controller to give direct commands to craftsmen, remember it in the contract for work.If the inspection is not correctly carried out, the inspector's right to remuneration ceases to exist and at the same time the obligation to pay the damage that the Client cannot effectively enroll in the contractor.

If you enter someone's work, you assume that it is an expert who can cope with him and assess whether your intention will be feasible and functional.If you deliver components and things to perform the work, they must notify you whether they are appropriate, as well as it must explain why from your instructions.If you still insist on your own, the Contractor shall not be responsible for defects that incorporated things or inappropriate commands.

Interesting is also a legal perspective on things that are incorporated into the work.If the Contractor is provided, he has the position of the seller.If you have a new heating in the house, the work is governed by the modification of the contract for work, but perhaps the responsibility for defects in the mounted boiler will be considered as the purchase contract, although everything is included under one agreement and one invoice.Each of the elements may be a different guarantee or legal responsibility.Do not be done by the fact that the components only provide a six -month warranty, by law each seller is responsible for two years for defects sold.

Takeover

The work is made when completed and passed.In order to be considered completed, it must be shown to be eligible to serve its purpose.The house should stand, heating heating and in the bathroom should flow water from taps or shower heads when you release it.

When taking over the work, the client has its obligations.The completed work must take over - either with reservations or without reservations.It is therefore necessary to be careful.If you take over the work without reservations, you do not have to be successful in complaints of apparent defects.If you order tiles for the kitchen in red and take over the blue kitchen without reservations, you can assume that you are satisfied, otherwise you would use the reservations when taking over.Thus, the consequences of taking over are particularly concerned with obvious defects.On the contrary, no one can want the customer to find at first glance that the tile has chosen the wrong glue on the tiles or the bricklayer missed the mortar.Such a defect is unlikely to initially be apparent and will not be manifested later when using.

In the case of construction, the Client has no right to take it due to minor defects that do not prevent its use from functional or aesthetic or use or use substantial use.You can criticize the missing handle at the window, but with similar small things you simply have to take the construction, unless you do it in advance in the contract otherwise.Of course, this does not change the obligation to fix the defects.

Warranty period

The old legislation, which still survives in the awareness of entrepreneurs and customers, has set a 3 -month period of time for the contract for work for the work of the six -month warranty period and repairs.These provisions abolished without compensation by the new Civil Code on 1 January 2014. Therefore, there is no legal warranty for work or repair, but this does not mean that you cannot agree on the warranty with the contractor in advance.

According to the current adjustment, however, the customer is not entirely on the barrels, even if it is without warranty and the thing is broken.The work has a defect if it does not correspond to the contract, ie in the production or compilation, not what was agreed, especially in the area of quality and execution.Importantly, the contractor is responsible for the defect that has been on things from the beginning, you just did not know about it (ie it was not apparent).The customer can successfully claim up to two years after receipt, in the case of buildings for five years, and the possible success in the court dispute should be remembered that the defects are best criticized immediately after their detection.

Remedy

In specific claims, the Civil Code refers to the provisions of the Purchase Agreement.You must therefore distinguish whether this is a defect that is an essential violation of the contract and if you knew it in advance, you would in no way conclude the contract or defects that are not a substantial breach of the contract.The distinction will be based on your needs when concluding the contract, but also from the usual occurrence of the defect.Even your demands vary according to the types of defects.For the essentials, the entire range of requirements from repair through a discount, the execution of a substitute work, to withdrawal from the contract with the right to refund.For irrelevant defects, you are entitled to repair or discount.

There is another specialty for buildings - not only the contractor with whom you have a directly signed contract, but also all subcontractors who participated in the construction, the manager of the construction documentation and the construction supervision is responsible for defects.So, if it happens by chance that the developer fails to be sure after handing over the house, the defects will have to deal with the one who actually carried out the construction.

Before you start repairing a cultural monument

During the repair, reconstruction, restoration or other adjustment of the cultural monument, the owner is obliged to procure a binding opinion from the municipal office of the municipality with extended competence.In the case of a national cultural monument, the regional authority issues a binding opinion.The binding opinion determines whether the intended work is permissible and under what conditions.The decision is based on the statement of the National Heritage Institute.Only after receiving the binding opinion can it be possible to file a notification or application for a building permit.The building authority must respect the opinion in its decision on permission or non -work.

Regarding the implementation of construction activities in the archaeological site, the owner is obliged to announce the construction activities in advance to the Archaeological Institute of the Academy of Sciences of the Czech Republic.If the owner does an archaeological finding, he / she is obliged to notify the relevant museum or the Archaeological Institute.At the same time, it must interrupt the work and, if necessary, to implement measures to prevent damage or destruction of the finding.

If it concerns the repair of individual elements of the building, such as the angels on the facade or the fittings, it is entitled only to be carried out by a restorer equipped with a permission to restore from the Ministry of Culture.If the owner performs work on a monument without a binding opinion or fails to comply with his condition, he may be imposed a high fine.