The Craftsman Services Act

What is the Craftsman Services Act?

The Craftsman Services Act regulates contracts for the provision of services where the person providing the craftsman service is a service provider and the person purchasing the service is a consumer.

The Act applies to contracts for work on property or real estate. The Craftsman Services Act is actually called Act on craftsman services etc. for consumers.

What is a service provider?

The service provider is referred to in the Act as the person who provides the craftsman's service. That is, the craftsman.

What is a consumer?

The law defines the consumer as the person who engages the service provider and who acts as a private individual.

What kind of work is regulated by the Craftsman Services Act?

The law applies when the craftsman provides craftsman services through his business.

All agreements or assignments for specific services, such as repairs, maintenance, remodelling and extensions, are regulated by the Craftsman Services Act.

The law also applies to work on buildings that do not constitute a residential unit, such as garages and outbuildings.

What kind of work is not regulated by the Craftsman Services Act?

The law does not apply if you get help from a friend to redecorate, or if you order handyman services on behalf of a business.

The Act does not apply to agreements between a contractor and a consumer for the construction of a new home for private use. This is regulated by Housing Listing Act, also called for Act on contracts with consumers for the construction of new housing, etc.

The law does not apply to the purchase and sale of property. This is regulated by the Sale of Goods Act, also called Act on the disposal of real property.

What types of services are considered craftsman services?

Here are some examples of craftsman services that are regulated by the Craftsman Services Act:

• Extension of dwelling
• Remodelling of residential property
• Plumbing in bathrooms
• Electrician work in the house
• Property maintenance
• Installation of kitchens
• Blasting on site
• Digging in the garden
• Construction of a garage
• Construction of a gazebo
• Construction of a boathouse
• Construction of a playhouse
• Construction of outbuildings

When is a service deficient?

A craftsman service can be deficient though:

• The work is not carried out in a workmanlike manner
• Work is delayed
• Incorrect advice has been given on the choice of solutions
• Poor quality materials have been used
• The service is not in line with public standards
• Necessary additional work has not been carried out
• Work deviates from what has been agreed

What does Chapter II of the Craftsman Services Act say?

Chapter II of the Craftsmen's Services Act deals with the actual assignment and sets a number of requirements for the craftsman.

• Professionally executed work. There is a basic requirement that craftsmen must perform their work «professionally».
• Materials should be of good quality. The materials shall be of normal good quality, unless otherwise agreed.
• Most affordable solution. The tradesman must choose the most cost-effective solution that results in the task being carried out satisfactorily.
• Safety requirements must be complied with. The craftsman's services must be performed in accordance with safety requirements stipulated by law or pursuant to law.
• Duty to discourage. If the craftsman assumes that the price of a repair will be disproportionate to the value of the item after the repair, the craftsman must inform the consumer of this.
• Additional work is agreed. The tradesman must contact the consumer if there is a need for additional work that it is practical to carry out at the same time as the assignment that has already been ordered.
• The service is delivered at the agreed time. The craftsman's services shall be completed within the time that has been agreed or that is reasonable. The Contractor shall also comply with agreed deadlines for commencement of the service or progress of the work.

What can I do if the law is not followed?

As a consumer, you then have several options if the craftsman does not comply with the Craftsman Services Act. You can:

• Withhold the purchase price. You can withhold the amount it will cost to rectify the defect.
• Require rectification. The tradesman must, at his own expense, rectify the defect within a reasonable time and without significant inconvenience to you.
• Demand a price reduction. You have the right to demand a price reduction corresponding to the costs you incur in having the defect rectified.
• Cancel the agreement. If the defect constitutes a material breach of contract, you can cancel the contract.
• Claim compensation. You can claim compensation for the financial loss you have incurred as a result of the defect. This compensation is in addition to rectification, price reduction or cancellation of the agreement.

How can I make a complaint?

Your rights are best protected when the work is carried out according to a written agreement. It is therefore important to have clear and good agreements about the work to be carried out. The main rule is that you can complain about craftsman services if the result is not as agreed.

You are the one who must prove that the tradesman has not fulfilled his part of the agreement. In the event of a dispute, it would be wise to get an appraiser to assess the work that has been done.

If you still can't get your point across, or if the tradesman refuses to respond to your enquiries, you can complain about the tradesman to Craftsman Complaints Board or The Consumer Council.

Do I need a lawyer?

Answer. Disputes about the Craftsmen's Services Act are often characterised by a high level of conflict and poor communication. It is also difficult to know which laws and regulations apply. You should therefore contact a lawyer who is an expert in property disputes, such as Jørgen Bugge.

Do I have to pay for the lawyer myself?

In a dispute about craftsman services, your home insurance or villa insurance will normally have a legal expenses insurance which covers up to NOK 100,000 of your legal expenses in the event of a dispute. The lawyer will then continue the dialogue with the insurance company on your behalf.

Why should I choose Advokatfirmaet Halvorsen & Co?

For almost 30 years, we have assisted many clients in disputes concerning craftsman services. Our lawyers are experts in property rights, and has extensive experience.

Advokatfirmaet Halvorsen & Co helps clients in disputes regarding craftsman services in the following regions:

Ringerike, Hønefoss, Ski, Follo, Ås, Kolbotn, Vestby, Nordby, Moss, Enebakk, Indre Østfold, Oslo, Asker, Bærum, Drammen, Hurum, Drøbak and Nesodden.

We always offer a free consultation about your property case. Get in touch with us today.