ALTERNA’s attorney-at-law and partner Siret Siilbek wrote in Addenda’s legal blog post about the distinction between the customer’s preferences and the contractor’s obligation to comply with them. The Supreme Court of Estonia recently provided explanations in this matter (04 April 2018 decision no 2-13-8246 of the Supreme Court).

Siret describes the case where the Supreme Court gave an answer to the question whether the contractor can install windows different from the technical description based on his decision if he finds that windows with agreed dimensions can not be installed. This is a good example of the contractor’s and customer’s different views on which works the customer needs.

The Supreme Court found that if the conditions of the contract include a specific feature of material or work, the contractor must not deviate from that feature without the customer’s consent, even if the contractor finds it necessary or reasonable from a technical aspect.

The blog post can be read in full from our good cooperation partner Addenda’s home page here:

For all questions relating to the post, you may contact Siret by e-mail on or by calling +372 680 6850.