§ 43. The tradesperson can cancel the agreement when you are late

This section gives the tradesperson the right to cancel (withdraw from) the agreement for the part of the job (oppdrag) that remains when you pay or cooperate too late. The delay alone is not enough. The law sets out three alternative conditions, and one of them must be met.

The first is that the delay is of substantial significance. The second is that a reasonable additional deadline he has set expires without you having paid or contributed. The third is that it appears in advance that the delay will be substantial, or that it will last longer than the additional deadline. Example: the tradesperson sets an additional deadline, and the deadline expires without payment. He can then cancel for the part that has not been carried out.

The second subsection contains a limitation. If you have since paid or cooperated, he loses the right to cancel (hevingsrett) unless he gives notice of cancellation of the contract before or immediately after he learned of it. Anyone who sits and waits after the money has come in therefore cannot cancel later.

The connection within Chapter VIII is as follows. § 41 lists what the tradesperson can do in the event of delay, and cancellation of the contract is one of the remedies. If he cancels, § 44 determines what you must pay, namely the same as on cancellation (avbestilling) under § 40. In addition, he can claim interest (rente) under § 45 and hold back items (ting) under § 46, and he must take care of them under § 47.