The work is done, the acts are signed and the customer has noted no objections. Most contractors treat the matter as closed at that point. Our client did too. Then the claim arrived.

The situation

The client carried out work on a development project. The work was accepted, the acceptance acts were signed and no objections were raised at handover. The client considered the matter closed.

An unexpected turn

Later another developer brought a claim against the client in court, alleging that the work done had caused damage. The claim exceeded €20,000. In our experience this is quite a common problem in construction: a signed act looks like protection but does not always protect.

What we did

We represented the client in the dispute and defended their interests against the claim. In disputes like this the defence depends on what the contract says, what the act actually confirms and what evidence can be produced.

Does a signed acceptance act protect a contractor?

An acceptance act is important evidence that the work was accepted and that the customer raised no objections at the time. But it does not automatically settle everything. Acts may not cover:

• defects that could not be noticed at handover;
• claims coming from a third party and not based on the client's own objection;
• the question whether any damage was caused by the contractor's work at all, rather than, for example, by another contractor or a design error.

What should have been done in advance

The good news is that most claims like this can be prevented or at least weakened if the paperwork is in order during the works:

1. Record in the act exactly what was accepted, and any comments from the customer.
2. Keep photos, work documentation and correspondence throughout the project.
3. Agree warranty and liability terms clearly in the contract, including a liability cap.
4. Record which parts were the responsibility of other contractors or the designer.
5. If a claim arrives, show it to a lawyer immediately, before you reply.

Why a signed act may not be enough

In construction, money is often lost not on site but on paper: in contracts, acts, side agreements and warranty terms. So the act should describe exactly what was accepted, and the contract should agree liability and warranty.

This case is anonymised. It is not legal advice or a guarantee of outcome.

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