Can I refuse to pay my tradesman if the work is of poor quality?
November 19, 2022 | 50,00 EUR | answered by Hans Krüger
Dear lawyer,
My name is Wilhelm Kronberger and I have a question regarding civil law. I recently hired a handyman to carry out renovation work in my house. Unfortunately, I am not satisfied with the quality of the work, as there are some defects. I have already talked to the handyman about it, but he refuses to fix the defects and still demands full payment for the services provided.
I am concerned that I may not be allowed to pay the handyman as the work is faulty. However, I also do not want to violate any laws and face legal consequences. Therefore, I am wondering if I have the right in this situation to refuse payment and how best to proceed to resolve the issue.
Can you please explain to me if I am not allowed to pay my handyman if the work is faulty? What legal options do I have to have the defects rectified and protect my rights as a consumer? Thank you in advance for your support and advice.
Best regards,
Wilhelm Kronberger
Dear Mr. Kronberger,
Thank you for your inquiry regarding civil law in relation to the substandard work of your tradesman. I understand your concerns and would like to help you by explaining in detail the legal options available to you in this situation.
As a client, you have the right to refuse payment if the services provided are substandard. This is stated in § 634 of the Civil Code, which governs warranty rights. The tradesman is obligated to carry out the agreed-upon work properly and free of defects. If this is not the case, as a client, you have the right to request the tradesman to rectify the defects.
In your case, you have already discussed the defects with the tradesman, but he refuses to rectify them. In such a situation, you should set a reasonable deadline for the tradesman to rectify the defects. If the tradesman fails to rectify the defects even after the deadline, you can hire another tradesman to rectify the defects. You can then request reimbursement of the incurred costs from the original tradesman.
If the tradesman continues to demand payment despite the substandard work, you can make the payment under reservation. This means that you pay the full amount, but at the same time, you document in writing that you maintain the complaint about the defects and demand rectification. This way, you protect yourself legally and can potentially claim damages later on.
In summary, as a consumer, you have the right to refuse payment if the services provided are substandard. You should request the tradesman to rectify the defects and, if necessary, set a reasonable deadline. If the tradesman does not rectify the defects, you can have them rectified yourself and request reimbursement from the tradesman.
I hope that this information has been helpful to you. If you have any further questions, please feel free to contact me.
Sincerely,
Hans Krüger
