Enforcement and claims

The contractor's fee has not been paid

Disputed performance, additional work and withheld fees: what should be documented and how a claim can be enforced.

Author
Dr. Horváth Márk Olivér
Attorney-at-law, LL.M. in business law
Published
21 July 2026
Reviewed
12 August 2026

The customer typically disputes the performance, does not recognise the additional work, or holds back part of the fee on the basis of faulty performance.

In these cases, documentation will decide. The construction log, the certificate of performance, the transfer-acquisition records, the written order of the additional work and the photo documentation together will prove the work carried out and its value.

The validation typically starts with the reconstructing of the settlement: what is the contract fee, what is covered by the subaccounts, and how much is disputed, followed by the request and the conciliation, and then, if necessary, the litigation procedure and implementation.

In the absence of a written contract, the claim may be enforceable if the order and delivery can be proved by other means.

Related service

Enforcement of construction claims

This guide is for information only, does not constitute legal advice and contains no promise concerning the outcome of any procedure.

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