When can a subcontractor demand the deducted security deposit from the investor?

Securing claims in a construction contract is of significant importance in the investment process. Securing claims for proper performance of the contract and claims under the warranty for defects and quality guarantee is crucial. The parties can use many types of security, both those regulated by law and those shaped by trading practice. A frequently used security is the so-called guarantee deposit, used especially in subcontracting agreements. In the templates of subcontracts they use, general contractors often regulate the establishment of such a deposit by deducting or withholding part of the remuneration due to the subcontractor until the expiry of a specified period, e.g. the expiry of the quality guarantee periods. As shown by one of the latest Supreme Court rulings (Supreme Court judgment of September 20, 2024, II CSKP 1384/22, Lex No. 3758347), the way in which the provisions reserving the guarantee deposit in the subcontracting agreement are shaped may translate into the subcontractor's claims against the investor.