# Unfinished Works and Construction Disputes — IUSTORIA > The contractor has walked off, the work is defective, the retention hasn't been released. What can be secured straight away, and when going to court pays off. - Canonical URL: https://www.iustoria.cz/en/services/construction-disputes/ - Markdown URL: https://www.iustoria.cz/en/services/construction-disputes/index.md - Language: en - Content type: service ## Content Completion of works # The work has stopped, the deadline is running and the money is stuck Disputes over building work are lost on the paperwork, not on argument. What decides them is what's recorded in the site diary, which defects were raised at handover, and whether the state of the work was documented while it still could be. Where to start ## Secure the evidence first, then negotiate The initial conversation is free. Bring the contract, the site diary and the handover report; they tell us more than either side's account. A standalone task starts at CZK 5,000 excl. VAT. Talk through your project When you call us ## Situations people come to us with ### The contractor walked off without finishing The site has stopped, the deadline has passed and the other side isn't responding. The question isn't only who is to blame, but how to get the work finished without losing your claim. ### The work was handed over with defects The defects are obvious, but the other side refuses to acknowledge them or plays them down. What matters is which defects were raised at handover, and in what form. ### The client won't pay and points to defects The invoice is overdue and quality is given as the reason. Some of those objections are genuine; some only surfaced after the payment date. ### A penalty for delay has kicked in The contractual penalty grows every day and often ends up exceeding the value of the dispute itself. And it's often unclear whose delay it actually is. ### The retention isn't being released The work has been accepted, the warranty period is running and the retained part of the price hasn't arrived. On larger projects, that means hundreds of thousands sitting with the other side for years. ### One side has withdrawn from the contract The dispute shifts: it's no longer about completion but about settling up for the unfinished work and what has already been paid. Practice ## What we handle Reading the contract for works and the variations that piled up during the project Recording the state of the work while it is still visible Notifying defects on time and in a form that will hold up Retention, bank guarantees and their release Contractual penalties for delay, and defending against them Withdrawal from the contract and settling up for unfinished work Asking the court to preserve evidence where the state of the work may change Negotiating completion instead of fighting over money With building work, most is lost in the first few weeks. Whatever isn't secured while it can still be seen has to be proved later through expert evidence, at greater cost and with a worse result. How we handle it ## Four steps 01 ### Documents first The contract, variations, site diary, handover report, photographs and correspondence. Only these show who is in delay and which defects were raised in time. 02 ### Securing what's disappearing The state of the work, how far it has progressed, defects that will vanish under plaster or change over time. Sometimes an expert inspection is enough; sometimes an application to the court to preserve evidence is needed. 03 ### Demand and negotiation Most disputes over building work end in an agreement on completion or on a price reduction. We go in with the numbers for both options worked out, not with a demand. 04 ### Proceedings, if agreement fails An action for payment, for a price reduction or for release of the retention. We keep you updated on what has changed and what it means for your cost-benefit calculation. From practice ## Two situations and how they were resolved Retention ### Retained payment after the work was accepted The work had been accepted, the warranty period was running and the retention was being withheld on the grounds of minor defects. Comparing the handover report with the defects notified within the time limit showed that most of the alleged defects had been raised only after it had expired. The matter ended in an agreement to release most of the retention. Delay ### A contractual penalty that outgrew the value of the work The penalty had built up over the months the site stood idle. The site diary and the correspondence showed that part of the delay was caused by the client failing to have the site ready. An assessment of how much of the penalty would stand up changed the negotiating position before anyone went to court. Part of [Disputes and Crises](/en/services/dispute-resolution/) War Room Counterparty analysis, negotiation simulation and a move-by-move playbook. Preparation for one specific confrontation, or having a lawyer run it for you. Fixed fee agreed upfront. Open