A good building contract is mostly common sense written down. These are the clauses worth having, explained in plain English, to take to your lawyer before you sign.
A construction contract (in Croatian, ugovor o građenju) does not need to be long or clever. It needs to answer, in writing and before work starts, the questions that otherwise get answered in an argument: what exactly is being built, for how much, by when, how changes are handled and what happens if something goes wrong.
This checklist is a starting point for a conversation with a lawyer who works on Croatian construction contracts, not a substitute for one. Contracts usually refer to the quote or bill of quantities as an attachment, so check that document first. The builder's quote check gives you a free first read of a quote (a rating and up to three items furthest above the market), and its paid detailed check adds warnings and hidden costs, before any gaps become part of a signed contract.
1. Parties
Full legal names, addresses and OIB numbers (the Croatian identification number, used for companies as well as people), and who signs for the company. If you are buying through a company or with a partner, make sure the right person is named as the client. Check that the company is registered for the kind of work it is contracting to do; your lawyer can check this for you.
2. Scope of work
The scope should be defined by reference to documents, not adjectives: the drawings (with their revision), the bill of quantities, the specification of materials. List every attachment by name. Just as important, list what is excluded. Our guide to what builders often leave out is a useful prompt.
3. Price
Is the price fixed for the described work, or will you pay for quantities actually carried out at the agreed unit prices? Both are common; what matters is that the contract says which. State whether the price includes VAT, and whether anything can change it, such as a clause on material prices. Where finishes have not been chosen yet, the contract should list each allowance per unit and say that the difference, up or down, is settled at the agreed unit price once you choose.
4. Payments
Payments linked to finished, checked stages rather than dates; how interim statements (situacije) are submitted and approved; what any advance pays for; and how much is held back until handover. See how to pay a builder safely.
5. Timeline
A start date, a completion date and, on a longer job, a few milestones. What counts as a justified delay (weather, your own late decisions, permit hold-ups) and what does not. Whether there is a contractual penalty for late completion (ugovorna kazna), and how it is calculated. Your lawyer will know what is usual and enforceable.
6. Changes
Changes are where budgets drift. The contract should say that no extra or changed work is carried out without a written instruction from you, and that the price is agreed before the work is done, using the contract's unit prices wherever they apply. It should also distinguish between extra quantities of agreed work and new work that was never in the contract.
7. Quality and materials
Materials as specified, with samples approved by you or your architect for visible finishes. No substitutions without written consent. Who chooses and who pays for items left “to the owner's choice”.
8. Site, supervision and records
Who provides water and electricity during the works, where materials are stored, working hours, protection of neighbouring property, cleaning, and the builder's insurance. Who your supervising engineer is and what access they have. On projects that require one, the site diary (građevinski dnevnik) is the day-to-day record of the job; ask to see it.
9. Subcontractors and insurance
Most builders bring in specialists for roofing, installations, windows or tiling. The contract should make clear that the main contractor remains responsible to you for their work, and whether you have any say in who they are. Ask what insurance the builder holds for damage to your property, to neighbours and to people on site, and ask to see it. If you are renovating a house you already own and insure, tell your insurer that works are starting and ask whether anything changes while the builders are there.
10. Handover
How completion is confirmed: a joint inspection, a written handover record (zapisnik o primopredaji) with a list of defects, and the documents the builder hands over, such as test reports, certificates and manufacturers' warranties. Our guide to handover before the final payment goes through it.
11. Defects after completion
How you report a defect, how quickly the builder must respond, and what happens if they do not. The law sets certain responsibilities for builders, and contracts often add a guarantee for the defects period; ask your lawyer what applies to your project and how it can be secured.
12. Ending the contract and disputes
When either side can end the contract, and how work done up to that point is valued. How disputes are handled, and which court has jurisdiction. If you do not read Croatian, a bilingual contract helps, but it must say which language version prevails.
A contract answers in advance the questions that otherwise get answered in an argument.
Before you sign
- Read every attachment, not just the contract. The drawings and quote are the scope.
- Get a translation or a lawyer who explains each clause in your language.
- Do not sign under time pressure. A builder who will not wait a week for your lawyer is telling you something.
- Keep a signed copy of everything, attachments included.
- Check the quote one last time. Run it through the quote check or past your architect, so the contract does not lock in a gap.
Fitted furniture usually sits outside the building contract. If you commission it separately, the same principles apply: a clear description, an agreed price and a defined handover. With from moodboard to render, the approved 3D render becomes that description, before any plywood is cut. For finding the right contractor in the first place, see how to choose a builder in Croatia, and for permits, our guide to building permits in Croatia.
