The contractor made a mistake
Hantverkaren har gjort fel - Engelska
When a contractor has done a poor job, you have the right to file a claim, which means that you complain about the fault. For many skilled trade services, you have up to 10 years to file complaint about faults in the work.
Translated page: This text has been translated from Swedish. The text and appearance of the page may look different from the original page.
According to the Consumer Services Act, you can complain to the contractor if
you complain about the fault within 2 months of discovering the fault
the result does not correspond to what you have agreed upon
the contractor has not advised you against a service that you have not benefited from
the work is not carried out professionally, for example if the work is done sloppily or if there are deficiencies
How to file a complaint
1. Document the fault
When you discover faults or defects, it is important that you document what is wrong. You need to be able to show the company what you think is wrong and the documentation becomes important if you and the company do not agree on the fault.
How to document the fault
You can document the fault by taking pictures or filming, for example. Remember that the quality needs to be good enough that the fault is clearly visible. Sometimes, you may need to take several pictures to be able to show the fault in a good way. Both close-ups and pictures that show what the fault looks like in relation to the surroundings may be needed.
When it's not possible to document the fault
Some faults may be difficult to capture with for example pictures. In such cases, you can describe the fault when you contact the company to complain. Sometimes you may need to seek assistance from an expert to assess the work. For example if you have renovated the bathroom, it may work well to take a picture showing the tile work has been sloppily done. But if there are deficiencies in the moisture barrier or pipe installations, you may need to seek the help of a surveyor to assess the deficiencies.
2. Find out about your rights
What can you demand of the contractor?
The Consumer Services Act determines what demands you can make.
Firstly: that the company fixes the fault
You can firstly demand that the company fixes the fault free of charge. Free of charge means that the company must bear all of the costs associated with fixing the fault – such as materials, travel and labour.
Even if you prefer to turn to another company, the contractor usually has the right to attempt to fix the fault. The fact that you are dissatisfied or have lost confidence is usually not sufficient. However, if it is obvious that the contractor does not have the right skills to fix the fault, you can argue that you should receive a price reduction or cancel the agreement.
Secondly: that you receive a price reduction
The price reduction should match the defect, such as what it costs to have the defect fixed by another company. If it is a cosmetic flaw that does not affect the functionality? Then a price reduction corresponding to the depreciation caused by the flaw may be applicable.
Thirdly: that you can revoke the agreement
Revoking the agreement means that the work is discontinued.
If the entire contract is revoked, the company is not entitled to payment. However, you may need to return materials if it does not cause significant inconvenience or cost to you.
If you benefit from parts of the work that has been done, the entire contract is not revoked. In that case, you must pay the contractor for the work you benefit from.
The contractor is obligated to give you a correct advise
The contractor is obligated to advise you against getting work done that is of no benefit to you. For example, if the company has replaced roof tiles even though they have seen that the entire roof needs to be repaired.
How long may it take to remedy the fault
The contractor must remedy the fault within a reasonable time. What is considered reasonable time varies from case to case. It depends, among other things, on the type of fault and your need to have it remedied. In some cases, the fault must be remedied quickly to avoid it worsening or causing other damages. Or the fault may significantly affect your daily life, for example if you cannot use the bathroom.
In other cases, it may be less urgent to remedy the fault. The season may also prevent the fault from being remedied immediately. For example it may be inappropriate to repaint the facade in the winter.
Compensation on the grounds of the fault
It is the company that must bear any costs or financial losses that you incur due to the fault. Examples of this may be:
Loss of income, for example if you have to take time off of work to inspect the fault together with the company
Cost for an opinion from an inspector or other expert (if needed to be able to prove the fault)
You must be able to prove your costs
You need to be able to present documentation on what costs you have had and the costs must be reasonable and have a direct connection to the fault or defect. Documentation can, for example, be receipts, invoices or certificates.
Remember that it is actual costs, not the trouble or the time you spend on the complaint, that you can demand compensation for.
If the contractor caused damage
According to the Consumer Services Act, you have the right to demand damages from the company if they cause damage in connection with the service being performed. This may involve the object of the service being damaged or the company damaging something else on your property; for example, if the company you engaged to repair your heat pump drops a tool that causes damage to the floor.
The compensation is intended to cover the damage. You cannot expect to receive compensation for anything that puts you in a better position than before the damage occurred. For example if you have a scratch on the floor, it is not reasonable for you to get the entire floor replaced at no cost. Sometimes the company that caused the damage has the expertise to remedy it. In that case, you may need to accept that the company fixes the damage instead of providing you with financial compensation.
How much time do you have to file complaint about defects
Skilled trade services are covered by the Consumer Services Act. In the law, there are 2 different time limits for how much time you have to file complaints about faults, depending on what kind of service is involved. For work on real property, you have the right to file complaint on the fault for ten years. Work on real property encompasses, among other things:
building renovations
painting
floor laying
drainage
re-roofing
drilling of water wells
fiber burial
For work that is not done on land, buildings or other fixed objects, you have a 3-year guarantee. For example, there is a 3-year guarantee on most repair services. If you engage a company to repair your broken heat pump, the 3-year limit for guarantee claims applies.
3. Contact the contractor and ask that the fault be fixed
After you have discovered a defect, it is important that you contact the company as soon as possible to give them the chance to investigate and fix the defect. It is somewhat common for the company to need to come out and look at the fault to be able to decide what needs to be done.
You do not need to know the cause of the fault when you contact the company. What is important is that you point out that you discovered a fault as soon as possible. However, you may be obliged to compensate the company for the inspection if it turns out that the fault was not caused by their work.
Contact the company in writing
It is always good to have written documentation that shows that you contacted the company to file complaint. If possible, it is therefore good to send a text message or email. Then, you can also attach documentation that shows the fault, such as pictures. If you call, it can be helpful to summarize what you discussed after the call and send it in an email to the company.
Claims for compensation
If you have claims for compensation for additional expenses or damages, you should also direct that claim to the company. Specify the costs you want the company to compensate and provide reasons why.
4. Your right to withhold payment
If the service is incorrect, you have the right by law to withhold part or all of the payment as security. This serves as a means of pressure on the company and a security for you.
You can withhold a significant portion of the payment
The part of the payment you withhold should correspond to the fault. This essentially means that you can withhold such a large amount that it covers the cost to bring in another company to fix the faults. Sometimes, it can help to contact other companies in the industry to get a price quote for what it would cost to fix the fault.
Notify the company that you are withholding payment
It is important that you notify the company in writing that you are withholding payment and why. You can send an email or a text message, for example. If you have received an invoice, you need to dispute it. This means that you declare that you will not pay the invoice and why. Be clear that it is because there are errors in the work and that you are withholding all or part of the payment.
When you also have a claim for compensation
If you have incurred costs due to the error, you also have the right to withhold as much of the payment as corresponds to your claim for compensation.
Compensation for damages caused by the company
Has the company caused damage to something else in your home but performed the service flawlessly? Then you cannot deduct the corresponding amount from the invoice for the service.
The compensation claims you have for the damages can then be made as separate claims to the company instead.
5. What to do if the contractor does not fix the fault
The contractor disagrees with the fault
If the company disagrees with you about the fault being due to their work, there are some things you may need to do to move forward. You need to be able to show that the fault is due to the company's work. If you cannot demonstrate the fault through pictures or similar means, you can seek assistance from an expert, such as a surveyor. The expert will assess and provide an opinion on the work. Ensure that you obtain written documentation from the expert and keep it as evidence.
Contact the contractor again
If you have further evidence that the contractor has made a mistake, you should contact the contractor again. Remember to contact them in writing, such as via email or text message. Include a copy of the evidence. If the contractor still denies or does not respond, you can have your case reviewed, for example, by the National Board for Consumer Disputes.
The company does not fix the fault
If the contractor does not fix the fault within a reasonable time, you can turn to another company.
What is a reasonable time?
According to the law, the contractor must fix the fault within a reasonable time. What constitutes a reasonable time is assessed on a case-by-case basis. It depends, among other things, on the type of fault and your need to have it fixed.
Sometimes, the fault must be fixed quickly to avoid it worsening or causing other damages. Or the fault may significantly affect your daily life, for example if you cannot use the bathroom.
In other cases, it may be less urgent to remedy the fault. The season may also prevent immediate fault rectification. For example it may be inappropriate to repaint the facade in winter.
Contact the contractor once more
If you feel it is taking too long, you should contact the contractor again in writing, for example, via email or text message. Explain that if the contractor cannot fix the faults promptly, you will need to turn to another company. It is important that you can demonstrate that you have complained about the delay before turning to another company.
If you have withheld payment due to the fault, you can simultaneously notify that you intend to use that sum to cover the work.
If you have already paid for the work, you can notify that you will demand compensation for the cost of hiring another company.
If there is still an issue
6. Do you need guidance?
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.
7. Have your case reviewed
Dispute resolution through the National Board for Consumer Disputes
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 more then ARN's value limitations (different value thresholds apply for different fields). 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.
Settle 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.
For a dispute involving a claim of up to 28,650 Swedish kronor (half a price base amount in 2024), known as a simplified litigation or small claim, the application fee is 900 kronor. If the claim exceeds 28,650 kronor, or if the dispute does not concern a specific amount, the application fee is 2,800 kronor.
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: 21 February 2022