The contractor has not finished on time

The information is based on your rights according to the Consumer Services Act.

You have the right to have the work completed

In case of a delay, you can primarily demand that the craftsman completes the work.

In some cases, you may also have the right to cancel (terminate) the agreement. This requires that the work is not completed by the agreed time or within a reasonable time, and that the delay is of significant importance to you. For example, if the delay has a major impact on your daily life and prevents you from using your home as intended. You need to be able to show or argue why the delay is of significant importance to you.

Sometimes only part of the agreement is canceled

In some situations, only part of the agreement is canceled. For example, if you benefit from work that has already been done. In that case, you may need to pay for the completed part of the work.

When the craftsman does not have to complete the work

There are exceptions when you cannot demand that the company completes the work. This is, for example, if obstacles beyond the company's control make it impossible for the company to perform the work.

Compensation for losses caused by the delay

The company must pay for any costs you incur because the work is delayed. Examples of costs may be:

• loss of income, if you have to stay home from work to meet the workers from the company
• compensation to other companies that are forced to wait with their work because the work is delayed (can for example become relevant for major work when several companies are involved)

You can claim compensation for the actual costs incurred, not for the time or inconvenience you suffer. You will need to be able to show supporting documents, such as receipts and invoices. The costs must be reasonable and directly related to the failure to the delay.

You have the right to withhold as much of the payment for the work as corresponds to your claim for compensation.

Penalty for delay

A penalty for delay means that the contractor has to pay a certain amount if the work is delayed. There is no law that gives you the right to a penalty for delay. For you to demand a penalty for delay there has to be an agreement between you and the contractor, for example in your written contract.

You have the right to withhold payment

When the craftsman has not started or completed the work within the correct time, you have the right to withhold payment as security. It serves as a pressure tool against the craftsman and a security for you.

You may also have the right to withhold payment for costs you have incurred due to the delay.

How much of the payment you can withhold

Sometimes it is difficult to know how much you should withhold. The basic rule is that you should withhold as much of the payment as corresponds to your claim.

When the craftsman has not started or completed the work

If the work is not completed, you withhold payment corresponding to the work that remains to be done. Essentially, this means that you can withhold an amount that covers the cost of hiring another craftsman to complete the work.

You do not need to know the exact amount, but can take a certain margin. This way, you can be sure not to pay anything extra if the craftsman does not complete the work and you need to hire someone else. Sometimes it can also help to contact other craftsmen to get a price quote on what it would cost to complete the work.

When you have a claim for compensation

If you have incurred costs due to the delay, you have the right to withhold as much of the payment as corresponds to your claim for compensation

You have the right to cancel the work

You have the right to cancel the work as long as it is not completed. This can be an option if the delay is not of significant importance but you still want to get out of the agreement.

When you cancel the work, you must pay for the work that has already been done and for work that must be done despite the cancellation. The craftsman may also be entitled to compensation for lost profit (for not being able to book other jobs).

Even if the craftsman has predetermined a cost for cancellation, it must not be higher than what is reasonable.

Contact the contractor in writing, for example by e-mail or text message. It makes it possible for you to show what you have demanded and when.

Demand that the work should be completed

Write the date by which the work should have been completed (if it is not clear from a written estimate or similar document). Explain why it is important to you that the work is completed as soon as possible. You can also ask for a date by which the work will be completed.

If you choose to call, you can summarize what you have discussed and send it in an email to the craftsman after the call. This will provide you with a document showing what you have both agreed. You can also record the conversation. This is permissible as long as you yourself are a participant in the conversation.

If you want to revoke the agreement

Inform the craftsman that you want to revoke the agreement. You can only demand cancellation if the delay is of significant importance to you.

If you want to demand compensation

Right which costs you want the contractor to compensate and why. You need to have documents to support your claims.

Always inform if you are withholding payment

Inform the craftsman that you are withholding payment, how much, and why. If you have received an invoice, you need to dispute it. This means that you explain that you will not pay and why. Be clear that it is because the work is not completed within the correct time and that is why you are withholding payment.

If you have already paid

If the entire or parts of the agreement are revoked, you can demand to get back what you have paid.

If the contractor does not finish the work even after you have demanded them to, you can inform them that you want to revoke the agreement instead. If you cannot reach a mutually agreed solution, you can either dispute the invoice or turn to another body to resolve the dispute.

• If the company says that you don’t have right to revoke the agreement or parts of it, can submit a complaint to the National Board for Consumer Disputes (ARN) or court to have the dispute examined.
• If the company denies you compensation you can submit a complaint to the National Board for Consumer Disputes (ARN) or court to have the dispute examined.
• If you cancel the order and you think that the contractor is asking for too much money, you can either dispute the invoice or pay under protest. If you want the dispute examined, you can turn to ARN.
• If you receive an invoice that you believe is faulty or partly faulty, it is important that you contest the invoice in written. You can also choose to pay under protest. If you want the dispute examined, you can turn to ARN.

If you want to dispute an invoice or pay under protest

When you dispute an invoice, you inform the company that you are protesting against the invoice and therefore will not pay. Explain why you think the invoice is incorrect.

When you pay under protest, you pay the invoice but simultaneously inform the company that you disagree with them. This can be a good option if you feel uncertain about disputing the claim. However, you will then need to pursue the matter yourself to get the money back. You can, for example, take the matter to ARN (the National Board for Consumer Disputes).

About disputing incorrect invoices and paying under protest

Do you need help figuring out your rights or want to discuss how to proceed with your case? Then you can contact the municipal consumer guidance or the Swedish Consumer Agency.

Municipality's Consumer Guidance

Many municipalities provide consumer guidance where you can seek free information and support. The assistance offered may vary from one municipality to another.

The Swedish Consumer Agency's guidance service

If you need guidance, you can contact our national information service. We can provide information on your rights and what options you have to make progress. We provide independent guidance and therefore cannot assess your individual matter, resolve disputes or contact companies for you.

Contact us

If you and the company cannot reach an agreement, you can file a complaint to the public authority the National Board for Consumer Disputes (ARN) or take the dispute to court.

Dispute resolution via the National Board for Consumer Disputes (ARN)

When tou file a complaint to the the National Board for Consumer Disputes (ARN) they will assess your case and make a recommendation on how to resolve the dispute. Most companies follow ARN’s recommendations.

A normal processing time is approximately six months.

What does it cost to file a complaint with ARN?

It costs SEK 150 to file a complaint with ARN. When you submit your complaint, you can request that the company compensates you for the cost if ARN makes a recommendation in your favour.

Requirements for ARN to consider your case

• The company has either rejected your claims or has not responded within a reasonable time.
• The amount you and the company are in dispute about is SEK 2,000 or more. You cannot include the application fee to ARN.
• You file the complaint within one year from the first time you complained to the company.

Submit a complaint on ARN's website

If you need help with your complaint

Sometimes, the municipal consumer advisors can assist you in making a complaint to ARN.

If ARN cannot handle your case or if the company does not follow ARN's recommendation, you have the option to have the dispute resolved in court.

Resolve the dispute in court

If you have gone through the steps in this process but still have a dispute with the company, you can take the dispute to court. In that case, you should contact the district court (tingsrätten). It costs money to file an application with the court.

If you are unsure about whether to go to court or need assistance with your case, you can seek help from a lawyer.

When considering hiring legal assistance, you can first contact your insurance company. Many home insurance policies include something called legal protection, which means the insurance can cover certain costs related to legal proceedings.

What will it cost?

A dispute involving a claim of up to SEK 28,650 (half a price base amount in 2024) is known as a simplified litigation or small claim. The application fee is SEK 900.

If the claim exceeds SEK 28,650, or if the dispute does not concern a specific amount, the application fee is SEK 2,800.

If you lose the dispute, you may be required to pay both your and the company's legal costs. However, in small claims, the costs you may have to pay are limited.

How a lawsuit is handled in the district court on the website of the Swedish Courts (in Swedish)