Late delivery of a service

Services covered by the Consumer Services Act

This information applies for services covered by the Consumer Services Act. This law applies to:

• Work on movable property. For example, repairs to a car or TV.

• Work on fixed property, to buildings or other facilities on land or in the water or on other fixed property. For example, house renovations or painting work.

• Storage of movable property. For example, storage of furniture or boats.

• The law does not apply to treatments for animals or people, such as hairdressing services or veterinary services. Nor does it apply in transport assignments, such as furniture removal.

When is a service considered delayed?

According to the Consumer Services Act, a service is counted as delayed if any of the following situations arise:

• If the service is not done within the time promised or that you have agreed on.

• There is no promised time for when the service shall be done, but the service is not done within a reasonable amount of time considering the service’s scope and nature.

What can you demand of the company?

The Consumer Services Act governs what you can demand.

The company shall complete the service

You have a right to demand that the company keep its part of the agreement and complete the work. At the same time, you have a possibility to demand compensation on the basis of expenses you incurred as a result of the delay, and to withhold the payment. You have the same rights if the service has not been started within the agreed period of time.

Revocation in the event of a delay of major importance

Revoking the agreement means that the work is discontinued, and that you are not obliged to pay for the service. The company then also has no obligation to complete the work. In order for you to be entitled to revoke the agreement, the delay must be of major importance to you – or of substantial importance as the law states. This may, for example, involve the delay having a major impact on your daily life. It is you who needs to be able to show or argue for why the delay is of substantial importance to you.

Right to cancellation

In addition to revocation, cancellation is another way to withdraw from the agreement. As long as the service is not completed, cancellation is a right you have under the Consumer Services Act. This may be an alternative if the delay were not to be of substantial importance, but you nonetheless want to withdraw from the agreement.

It is important to be aware that upon a cancellation you are obliged to pay for the work that is already done and for work that must be done despite the cancellation. The company may also have a right to compensation for unrealised profit, meaning for them being unable to book other jobs. However, it is up to the company to prove that they performed work before you cancelled.

Even in the cases the company set a cancellation cost in advance, they must be able to prove that work was done and that the cost is reasonable in relation to that work.

Right to withhold payment

If the company has not begun or completed the service within the right time, you have the right 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.

The part of the payment you withhold should correspond to the work that is left to do. This essentially means that you can withhold such a large amount that it covers the cost to bring in another company that can complete the work.

It is important that you notify the company in writing that you are withholding payment and why. You can send an email, for example.

Compensation on the grounds of the delay

It is the company that must cover any expenses you incur due to the work being delayed. Examples of expenses may be:

• Loss of income if you have to stay home from work to receive the company

• Compensation to other companies that are forced to wait with their work because the service in question is delayed (can for example become relevant for major work when several companies are involved)

By law, it is actual costs, not the trouble or the time you spend on the complaint, that you can demand compensation for. You need to be able to present documentation, such as receipts or invoices, on what costs you have had and the costs must be reasonable and have a direct connection to the defect.

Write to the company and demand that the work is finished

Contact the company in writing, such as by email or text message, and demand that the work be completed. Write the date by which the work should have been finished (if you had a promised delivery date), and explain why it is important that the work is completed as soon as possible. You can also request a date for when the work will be finished no later than. It is only if the delay is of substantial importance for you that you can demand to revoke the agreement.

If you intend to revoke the agreement

When you intend to revoke the agreement, it is important that you contact the company in writing, such as by email or text messaging. Explain that you want to revoke the agreement on the grounds of the delay, and why the delay is of substantial importance to you. If you paid for the work and think that the agreement shall be revoked in its entirety, you can at the same time demand that the company make repayment.

Sometimes only part of the agreement is revoked

In some situations, only a part of the agreement is revoked, such as if you may benefit from the work that has been done. Then, you may need to pay as much as corresponds to that part of the work.

If you do not reach an agreement with the company

If you need guidance, you can contact Hallå konsument [Hello Consumer]. We are a national information service that 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 information to Hallå konsument

If you and the company do not agree, you can in many cases file a report with the National Board for Consumer Disputes (ARN) to have the dispute tried. It is free of charge.

Read more about filing a report on the ARN website

To be able to file a report to ARN, the company must have said partly or entirely no to your requirement, or has not responded at all.