§ 8. Failure to advise against (unnlatt fraråding): what the tradesperson (håndverker) loses payment for
Machine-translated from Norwegian. The Norwegian text is the one that applies. Read the original in Norwegian.Norsk English العربية Polski Українська
In brief
- Breaching the duty to notify can limit the tradesperson's claim for payment.
- The condition is that the customer would probably have refrained from ordering or would have cancelled.
- Reasonable costs can still be claimed, within the value to the customer.
The text of the law (unofficial translation)
§ 8. Failure to advise against
What does this mean?
This section says what happens when the tradesperson has breached the duty to notify in § 7. He then cannot get more than he would have received if you had actually refrained from the job (oppdrag) or cancelled.
The condition has two parts. First, the tradesperson must have failed to notify or stop. The duty he has breached applies in two situations. Before the job starts, he must tell you if a repair is out of proportion to the value of the item (ting) or the job does not give you reasonable benefit. During the work, he must contact you if the price becomes significantly higher than expected or you may have lost interest, and stop if he cannot reach you and it is to your advantage. Second, it must be assumed that you would have reacted by refraining from ordering or cancelling. If it is unlikely that you would have done so, the rule has no effect.
The second paragraph gives the tradesperson a safety valve. Costs that are not covered under the first paragraph can still be claimed to the extent that this is reasonable. The ceiling is the value the work actually has for you.
This section is the sanction that gives § 7 its weight. It is closely linked to the rules on additional work (tilleggsarbeid) (§ 9), which also rely on the tradesperson making contact, and to the duty to carry out the service with care (§ 5). Public safety requirements (sikkerhetskrav) (§ 6) and the time for performance (§ 10) belong to the same chapter. The package shows that § 19 refers to § 8, but does not reproduce the content of § 19.
Example: a tradesperson starts a job and sees that the cost will be much higher than the customer could expect, but does not say anything and completes the work. Had the customer been told, he would probably have cancelled. The tradesperson then only gets what he could have claimed on cancellation, plus reasonable costs within the value of the work for the customer. This is a constructed example that only uses the roles in the law.
- § 7Duty to advise against (plikt til å frarå): when the tradesperson must notify you
- § 5Performance and materials (materialer): what the tradesperson must deliver
- § 6Public safety requirements in tradesperson jobs
- § 9Additional work: when the tradesperson can do more than agreed
- § 10Deadline (frist) for when the tradesperson must be finished