A contractor is demanding to be paid too much
Hantverkaren vill ha för mycket betalt - Engelska
Is the contractor asking for an unreasonable amount? Charging you a higher price than you agreed in the price quote or estimate? Find out what the law says about prices and how to proceed when you and the contractor do not reach an agreement on a mutually agreed solution.
Translated page: This text has been translated from Swedish. The text and appearance of the page may look different from the original page.
Keep this in mind if the contractor is demanding to be paid too much
- Do you have a written document stating the agreed price? If so, that is usually the price you should pay
- If you have not agreed on a price or cannot prove the agreed price, you should pay what is reasonable based on the type of work involved. Remember that you have the right to receive a specified invoice.
Clarify the various pricing models
The final price you can reasonably expect to pay depends on the pricing model you and the company have jointly agreed to.
Fixed price
A fixed price is a total amount for what you are to pay for the work. The price is usually stated in the quote or contract. You can assume that this is the price you will pay. If the work takes more time than the company estimated, this normally should not affect the fixed price.
Estimated price
When you are given an approximate price or a price range, it is usually called an estimated price. The final amount may not exceed the estimated price by more than 15%.
If the company has specified a ceiling price or maximum price along with the approximate price, you should not have to pay more than that.
If you have used the ABS construction project contract or the Hantverkarformuläret (contractor form) for demolition or excavation and other ground preparatory work, the estimated price may be exceeded by a maximum of 25 percent.
Hourly rate
If you have agreed to pay an hourly rate, you will pay per hour. The final price should be reasonable, meaning it should be fair for the work performed. The scope and type of work affect what is a reasonable price, not the number of people performing the work. To determine a reasonable price, you can ask other craftsmen in the industry for a quote for the same type of work. Make sure to get the quotes in writing, such as via email or text message. If the hourly rate is combined with an approximate price or a ceiling price, the work must not cost more than that.
Can the contractor add VAT afterwards?
You should be able to assume that the price includes VAT unless otherwise stated. If the business fails to state that the price does not include VAT, they cannot raise the price or charge you more afterwards. If despite this prohibition you nevertheless receive a final invoice with a higher amount than expected due to VAT being added, you can dispute (object to) the VAT part of the invoice.
When can the contractor charge for additional work?
If the company has performed additional work, the final price may be higher.
What is additional work?
Additional work means work that was not part of the original agreement between you and the company. For example, it could be extra work that you want done when the company is performing the work or providing the service. It may also be that during the course of the work the company notices that additional work needs to be done, which is related to the project contracted for but which you did not agree on beforehand. Examples of work that can be considered as additional work:
You have hired a company to renovate a bedroom at a fixed price. When the company starts working, you decide that you also want a custom-built wardrobe. The wardrobe construction is considered additional work. It was not included in the original agreement and is not typically part of a bedroom renovation.
You have hired a company to renovate the laundry room. During the renovation, the company discovers water pipes with faulty connections. Changing the pipes is not part of the original job, but the company suggests replacing the pipes at the same time and you agree. The pipe replacement is considered additional work.
What does not count as additional work?
Tasks that normally are included in a particular service.
If the work takes longer than the company has estimated.
When does the company have the right to charge for additional work?
If the company discovers that additional work is needed, they should always contact you. You decide yourself whether you want them to perform the additional work or not. If you agree to the suggestion of having the additional work done, the company is entitled to charge for it.
In certain exceptional cases, the company may be entitled to payment for additional work even if you have not agreed to it in advance (for example, if the company has tried to contact you before doing the work but has not succeeded).
This applies in for instance the following situations:
The price of the additional work is low compared to the original amount agreed on (benchmark: less than 15% of the original amount) and there are specific reasons to presume that you want the work to be done in connection with the project contracted for.
The additional work is necessary to avoid an emergency situation, such as a water leak.
How much should you pay for additional work?
If you have not agreed on a specific price, you should pay a reasonable price for the work. A fair and reasonable price should correspond to what is a reasonable price based on the type of work and its scope.
Find out what a fair and reasonable price is
You should pay a price that is fair and reasonable for the type of work involved. In an assessment, the onus is on the company to prove that the price is fair and reasonable. But so that you will know how to respond to the company’s demands for payment, it is helpful if you have an idea of what is a fair and reasonable price for the job performed would be. If you don’t know, you can ask other tradespeople in the industry for a price quote for the same type of job.
Make sure you get the price in writing, for example by e-mail or text message, so you can keep it as a record.
It is the scope and type of work that determines what price is a fair and reasonable price – not the number of people carrying out the work.
You have the right to request a detailed invoice
Under the Consumer Services Act, you have the right to receive an itemised invoice from the company.
This should enable you to assess the work done by the company. For example, you should be able to see what work has been done and what materials have been used.
If the work was not undertaken at a fixed price, the invoice must also show how the price was calculated. The company are therefore also required to include:
the number of hours spent and the hourly rate
the amount of materials used and the cost for the materials.
You cannot however ask to see receipts for purchases of materials. When you request an itemised invoice within a reasonable period of time from the completion of the work, you are not obligated to pay until you have received the itemised invoice.
Protest the invoice if it is incorrect
If you have received an excessively high invoice, you can dispute the inaccurate part or pay under protest.
Dispute an invoice
You should always pay the part of the invoice that corresponds to a reasonable amount for the work. Contest the part you believe is incorrect.
Write to the company and inform them about:
the amount of the invoice you find reasonable to pay
that you dispute the remaining amount
why you believe the price is unreasonably high in relation to the work performed.
You can contest the invoice by sending an e-mail. If you choose to contest by letter, it is advisable to send the letter by registered post. Remember to make a photocopy or take a picture of your letter to keep as proof.
Pay under protest
Paying under protest means that you will pay the full amount demanded, but at the same time state that you disagree with the company’s position. Make sure you notify the company in writing that you will pay but that you do so under protest because you do not think the amount on the company’s invoice is correct. For example, you can send an e-mail message.
This can be a good alternative if you are not comfortable contesting the demand for payment. However, you will need to pursue the matter further if you want to demand a refund. To have your case examined, you can turn to the National Board for Consumer Disputes (ARN).
If the company turns to a debt collection agency or the Swedish Enforcement Authority (Kronofogden)
If you dispute the invoice, the company may choose to send reminders, turn to a debt collection agency or involve the Swedish Enforcement Authority (Kronofogden).
If you receive reminders
If you receive a reminder for an invoice you have disputed, you do not need to contest the reminder. Since you have contested the original invoice, you have already stated that you will not pay.
If you receive a debt collection demand
In some cases, companies turn to debt collection agencies to help collect payment. Receiving a debt collection demand does not mean you have to pay. It also does not mean you will receive a payment remark. You can dispute a debt collection demand in the same way as a regular invoice, but you need to dispute it with the debt collection agency that sent the demand.
It is important to explain why you are contesting the demand. Always contest in writing, for example via email.
If you receive a demand from the Swedish Enforcement Authority (Kronofogden)
Sometimes companies turn to the Swedish Enforcement Authority to help collect payment. This does not mean you have to pay.
Contest if you think the demand is incorrect
If the company turns to the Swedish Enforcement Authority, the Swedish Enforcement Authority will send you a letter. The letter will explain what you should do if you disagree with the demand and how much time you have to respond. Inform the Swedish Enforcement Authority if you want to continue contesting the demand.
If you inform the Swedish Enforcement Authority within the response time that the demand is incorrect, you will not receive a payment remark. But if you do nothing, neither pay nor inform that the demand is incorrect, you may receive a payment remark.
If the company wants to proceed with the case
After contesting a demand from the Swedish Enforcement Authority, the Swedish Enforcement Authority will inform the company that you think the demand is incorrect. If the company disagrees, they can request that the Swedish Enforcement Authority hands over the case to court. If the company does not want the case to go to court, the Swedish Enforcement Authority will close the case.
If the case goes to court, it is the company that must be able to show they have the right to be paid by you. If you were to lose the case in court, you may have to pay fees and any other costs associated with the demand.
Municipality's Consumer Guidance
Many municipalities provide consumer guidance where you can seek free information and support. The assistance offered may vary from one municipality to another.
The Swedish Consumer Agency's guidance service
If you need guidance, you can contact our national information service. We can provide information on your rights and what options you have to make progress. We provide independent guidance and therefore cannot assess your individual matter, resolve disputes or contact companies for you.
Contact the National Board for Consumer Dispute
If you and the company cannot reach an agreement, you can file a complaint to the public authority the National Board for Consumer Disputes (ARN).
ARN will assess your case and make a recommendation on how to resolve the dispute. Most companies follow ARN’s recommendations.
A normal processing time is approximately six months.
What does it cost to file a complaint with ARN?
It costs SEK 150 to file a complaint with ARN. When you submit your complaint, you can request that the company compensates you for the cost if ARN makes a recommendation in your favor.
Requirements for ARN to consider your case
The company has either rejected your claims or has not responded within a reasonable time.
The amount you and the company are in dispute about is SEK 2,000 or more. You cannot include the application fee to ARN.
You file the complaint within one year from the first time you complained to the company.
Submit a complaint on ARN's website
If you need help with your complaint
Sometimes, the municipal consumer advisors can assist you in making a complaint to ARN.
If ARN cannot handle your case or if the company does not follow ARN's recommendation, you have the option to have the dispute resolved in court.
Resolve the dispute in court
If you have gone through the steps in this process but still have a dispute with the company, you can take the dispute to court. In that case, you should contact the district court (tingsrätten). It costs money to file an application with the court.
If you are unsure about whether to go to court or need assistance with your case, you can seek help from a lawyer. When considering hiring legal assistance, you can first contact your insurance company. Many home insurance policies include something called legal protection, which means the insurance can cover certain costs related to legal proceedings.
What will it cost?
A dispute involving a claim of up to SEK 28,650 (half a price base amount in 2024) is known as a simplified litigation or small claim. The application fee is SEK 900.
If the claim exceeds SEK 28,650, or if the dispute does not concern a specific amount, the application fee is SEK 2,800. If you lose the dispute, you may be required to pay both your and the company's legal costs. However, in small claims, the costs you may have to pay are limited.
Source: Konsumentverket
Proofread: 15 February 2023