§ 9. Additional work: when the tradesperson may do more than agreed

This section deals with what happens when the tradesperson, while the job is under way, sees that something extra should be done that was not part of the agreement (avtale). Such extra work is called additional work. It must be naturally connected to the main job, so that it is practical to do it at the same time. The starting point is that the tradesperson first contacts the customer. In other words, it is the customer who decides whether the addition is to be done.

There is an exception if the customer does not answer or cannot be reached in time. The tradesperson may then go ahead without a yes, but only if two conditions are met at the same time. First, there must be good reason to believe that the customer would have said yes. Second, the price must be very small, either in itself or compared with the price of the job itself. If one of the conditions is not met, the tradesperson should wait for an answer. Example: the service provider discovers a small item (ting) that can easily be fixed at the same time, the consumer does not answer the phone, and the cost is almost insignificant compared with the main job. Then the addition may be done. If the addition is expensive, it is not enough that the tradesperson believes the customer would have agreed.

Sometimes additional work is not only permitted, but required. If the work cannot wait without the customer risking significant damage, the service provider must carry it out, as far as is reasonable.

Payment for the addition is regulated elsewhere. The last subsection refers the reader on to § 33. That section states that the service provider may claim a price supplement for additional work. It must then be possible to document that the work was outside the job, and that it was carried out in accordance with § 9. Extra materials (materialer) and work caused by unforeseen circumstances on the customer's side are also mentioned there. If the tradesperson does not follow the rules in § 9, he is therefore in a weaker position when he wants to be paid for the addition.

The section fits together with the requirement in § 5 that the service provider must guide the customer and consult him when circumstances call for it. The duty to make contact about additional work is a concrete aspect of the same idea. § 7 and § 8 are also based on the customer being kept informed before things become expensive or pointless.