§ 17. When does a tradesperson's service have a defect?

The Craftsman Services Act (Håndverkertjenesteloven)·LOV-1989-06-16-63

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The text of the law (unofficial translation)

§ 17. When a defect (mangel) exists

(1) A defect exists if the service does not lead to the result that the consumer (forbruker), in accordance with §§ 5, 6 and 9 (3), is entitled to demand or that has otherwise been agreed. However, a defect does not exist if the deviation is due to circumstances on the consumer's side.
(2) A defect exists even if the service provider (tjenesteyter) has only undertaken to perform the service provisionally, as well as possible or with similar reservations, and the result is significantly worse than the consumer could expect given the price and the circumstances otherwise.
Source: Lovdata — Håndverkertjenesteloven (the Craftsman Services Act) § 17

What does this mean?

The section sets out when a service is defective. There is a defect when the result is not what the consumer is entitled to under the rules on performance, safety and additional work (tilleggsarbeid), or not what was agreed. If the deviation is due to the consumer themselves, there is no defect. The reservation "as well as possible" does not protect the service provider if the result is clearly worse than the consumer could expect based on the price.

The rules on claims in the event of a defect begin in § 21. The neighbouring rules § 18 and § 19 extend the concept.

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