A tradesman service is an agreement between you as a consumer and a service provider in a business regarding certain types of services. These can be services such as reparation, maintenance, reconstruction or other similar services.
The relationship between you and the tradesman is regulated by laws about tradesmen services. The consideration of deficiencies in services provided by a tradesman depends on what is agreed between you and the tradesman regarding the performance of the work.
The consideration of whether the service is deficient depends on what is agreed between you and the tradesman regarding the performance of the work. The result of the service must be equivalent to what has been agreed. It is therefore very important to be thorough when creating the contract, to ensure that both parts have a clear understanding about what the work contains. And for which price the service is provided.
Even though an agreement has not been made, or if your agreement does not cover what you are disputing, the service must conform to what you would reasonably expect as a consumer. Eligible expectations does amongst others include a requirement of the work being performed according to the standard of what is generally considered qualitative work within the field. The chosen material must be of average good quality, unless otherwise agreed. The service must also be performed according to public requirements.
The tradesman also has a duty of care for the consumer. And a duty to choose the cheaper alternative if several alternatives will lead to the same result. Deficiencies are typically the use of materials of poor quality , that the quality of the work is poor, that the work does not satisfy public requirements, or that the work is not performed according to information given by the tradesman in regards to the initiation of the assignment.
If there are deficiencies in the work or other defaults, you can as a consumer withhold the payment, require correction, redelivery, price reduction, compensation, or rescind the agreement. If the work is delayed, you may be able to require liquidated damages, and a potential price reduction if only parts of the work is complete.
If the deficiency is discovered before the service is delivered, you can require to withhold the entire, or parts, of the purchase price. The sum that is required withheld must be decided according to the scope of the deficiencies.
If there is a deficiency in the service you can require the correction of that deficiency. The tradesman can require to correct the deficiency himself, as far as this can be done without disadvantages for you. You can require correction within a reasonable time as far as this does not result in an unreasonable disadvantage for the tradesman.
If the deficiency is not corrected you can require a reduction in the price. This reduction should generally amount to the price of correcting the deficiency by other means.
You can claim compensation for any financial loss you have suffered as a result of the deficiency. Such a loss will typically be a leak which has created water damages to the furniture or other damages of similar means. A claim for compensation is often in addition to another remedy such as a price reduction or the contract being rescinded. To claim compensation there must be a casualty between the deficiency and the financial loss. The deficiency must have resulted in a financial loss. If your financial loss lacks proximity to the deficiency, the tradesman’s compensation responsibility will depend on the degree of his mistake or negligence.
If your purpose for the service becomes significantly futile as a result of the deficiency, you can claim the contract to be rescinded. The threshold for what is considered to be significantly futile is high however. What can result in the purpose being significantly futile will depend on the characteristics of the deficiency and severity.
As a consumer you have the right to complain within a reasonable time from when you discovered, or should have reasonably discovered, the deficiency. You have a duty to examine when purchasing tradesmen services. What is considered a reasonable time is decided on a case by case basis. You should therefore make the complaint as fast as possible to avoid questions about whether the complaint was made within a reasonable time. It is advised to complain in writing.
Contact Osloadvokatene by barrister Svein Wennevik
wennevik@advokat.no or by phone: 924 11 010
Related cases:
Discovered deficiencies in the property after three years (Norwegian)
Deficient drainage resulted in water damage (Norwegian)