When a consumer enters into an agreement with a craftsman to build a house or carry out major renovations or extensions, the agreement is most often concluded in accordance with AB 92, which is a set of standard rules for carrying out contracts.
Among the rules in AB 92 is a rule on how a case between the parties should be conducted if a disagreement arises – a so-called jurisdiction agreement. If AB 92 has been agreed, the general rule is that any case must be decided by the Arbitration Board for Construction and Civil Engineering.
If you as a consumer have entered into an agreement with a craftsman where AB 92 has been agreed, the consumer is not bound by the rule on arbitration. It is clear from both the Arbitration Act and the Administration of Justice Act that an agreement that a case shall be decided by a specific court or arbitration is not binding on the consumer.
The consumer thus has the choice between having the case decided by arbitration, by the ordinary courts – the district court, the high court and the supreme court – or bringing the case before a competent complaints board.
As a general rule, the consumer will be best off not having the case decided by arbitration, as an arbitration award cannot be appealed to a higher court. Instead, the case should be brought before the district court.
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