§ 42. The tradesperson can suspend work if payment is not made

This section gives the tradesperson the right to put down his tools when you do not pay on time. It applies when it has been agreed, or otherwise follows, that payment is to be made in advance or in instalments along the way. If payment is not made, he can suspend the work while he waits. If the job is already underway, he must still carry out work that cannot wait without risk of you suffering substantial damage. Example: an instalment is not paid, and the tradesperson stops. If the work is at a stage where an interruption would cause the consumer substantial damage, he must complete that particular part.

If the tradesperson stops, he can claim the costs and other losses caused by the suspension of work covered. The claim falls away if it is proven that an unforeseen obstacle beyond your control caused the delay. The compensation is calculated under § 30 (1) to (3). This means that the loss must have been foreseeable, that the tradesperson also has a duty to limit it, and that the liability can be reduced if it becomes unreasonably heavy.

The third subsection extends the rules. They also apply when you do not do what is needed from you for the work to be carried out, not only when payment is not made.

This section is one of several consequences of delay on your part. § 41 lists them together, and refers to suspension of work in this section. The next step may be cancellation of the contract (heving) under § 43, with settlement (oppgjør) under § 44. The tradesperson can also claim interest (rente) under § 45, retain an item (ting) under § 46 and take care of it under § 47. All of this presupposes that the delay is not caused by the tradesperson himself.