The tradesperson finishes the job, takes the money and leaves. A month later a grout line cracks, paint peels or a joint that was just replaced starts leaking. What then? Many people don't know that the law gives clients clear rights — regardless of whether the contract was written or verbal, and regardless of what the tradesperson says about the warranty.
What the Law Says — The Law on Obligations Is the Foundation
Construction work in Serbia is governed by the Law on Obligations (ZOO), which in its section on work contracts sets out the contractor's liability for defects. The key provisions:
- The contractor is liable for defects that appear within two years of handover of the work (Art. 626 ZOO), unless the contract specifies otherwise.
- For hidden defects in a building (structure, roof, foundation) the period is ten years from handover — and not only towards the client but also towards third parties who suffer damage (Art. 638 ZOO).
- The client must report the defect within six months of discovering it (a limitation period) — missing this deadline forfeits the right.
Practical note: The two-year period runs from the date the work was handed over — not from when you noticed the problem. Report the defect as soon as you spot it; never wait.
What the Client Can Demand
If a defect appears within the warranty period, the client has the right to demand:
- Rectification of the defect — the contractor must repair it at their own expense, within a reasonable deadline set by the client
- Price reduction — if rectification is not possible or reasonable, a reduction in the fee may be demanded
- Termination of the contract — for serious defects that make the work unusable
- Compensation for damages — if the defect caused additional costs for the client (e.g. having to relocate during the repair, damage to furniture)
How to File a Complaint — Step by Step
- Document the problem — take photos, shoot a video, note the date of discovery
- Send a written notification — by email or registered post, describing the defect and setting a deadline for rectification (e.g. 15 days). An oral complaint is hard to prove.
- Keep everything — the original contract, estimate, receipts, correspondence
- Do not fix it yourself before the contractor has seen the problem — doing so may forfeit the right to a complaint since the evidence is removed
- If the contractor does not respond within the set deadline — engage another tradesperson, keep the invoice and sue the original contractor for reimbursement of costs
Warning: If you pay cash with no written record, proving the contractual relationship is harder — but not impossible. Witnesses, messages, photographs and correspondence can be sufficient evidence in court or in a settlement.
Specific Periods by Type of Work
- Paint and plaster — 2 years by law; in practice, plaster cracking or paint peeling after a year clearly points to a workmanship defect
- Tiles and grouting — 2 years; tiles lifting off the substrate is a typical installation defect (poor adhesive, insufficient preparation)
- Waterproofing — 2 to 10 years, depending on whether it concerns a terrace/roof (structural) or a wet room
- Electrical and plumbing installations — 2 years for visible elements; longer if the defect is within walls or structure
- Roof, foundation, load-bearing walls — 10 years (statutory minimum)
When the Warranty Does Not Apply
The contractor can be released from liability if they prove:
- The client insisted on a particular method of work that the contractor advised against (and can prove this)
- The client themselves, or a third party, subsequently intervened on that part
- The defect resulted from materials supplied by the client, and the contractor warned that those materials were unsuitable
- Normal wear and tear (e.g. parquet worn down through use, not due to poor installation)
On Brzix, every tradesperson accepts a documented offer before work begins — clearly stating what they will do, at what price and with what responsibility.
Open Brzix →