What is the Legal Process For Sending A Formal Written Complaint or Kravbrev to a Construction Company?

The legal process for sending a kravbrev (a formal written complaint) to a construction company in Sweden involves documentation of the issue. It must also reference the relevant contracts or laws. The complaint is then sent via email or registered post to the respective contractor. If the contractor doesn’t respond, the case can proceed to the district court or ARN (Allmänna reklamationsnämnden) for it to be resolved legally.

Let’s discuss kravbrev in more detail and how you can send this written complaint to the concerned construction company in Sweden, following the correct legal process.

Introduction

In Sweden, when a construction project does not meet the standards or fulfill expectations, the property owners have the right to demand compensation or corrections. 

The inability of the construction to meet the expectations or standards could be due to byggfel (construction defects), poor workmanship, or even delays. 

In this scenario, a very effective tool to start the correction or compensation process is to write a kravbrev, a formal complaint letter describing the entire issue.

What is a Kravbrev in Construction Law in Sweden?

A kravbrev is a formal, documented letter of complaint outlining the delays, contract breaches, and defects in a certain construction. It is sent to the respective developer, builder, or contractor. Typically, a kravbrev also specifies the expected compensation or the corrective action one should take.

Sending a kravbrev plays a critical role in the following:

• Helping you get your legal rights as defined by the Konsumenttjanstlagen (Consumer Services Act)
• Taking the first and basic step towards litigation in case the conflict remains unresolved
• Initiating warranty claims or potential insurance claims

So, what is the best time to send a kravbrev?

What is The Right Time to Send a Kravbrev?

Typically, it is best to send a kravbrev the instant you identify the concerning and problematic issues, such as the following:

• If the contract is breached
• In the case of byggfel, the construction defects in the property
• In the case of otillfredsstallande arbete, which refers to substandard workmanship
• In the case of forseningar, unnecessary delays in the construction project

Timing is of the utmost importance when sending a kravbrev. Swedish law commands those affected to send complaints regarding the construction defects, aka byggfel, within an appropriate time, which is generally 2 years from the project’s completion unless mentioned in a warranty.

With the help of a kravbrev, you can claim your rightful compensation and correction of the defects in the building.

What Should You Include In a Kravbrev?

A legally binding, valid, and persuasive kravbrev must encompass certain key components. It must have your complete contact information, details regarding the construction work, a detailed description of the issue at hand, any supporting documentation, a legal reference (optional), your demands, a date, and your signature.

Let’s break down these components so you know exactly what to include in your formal complaint letter.

Your Complete Contact Information

Make sure you include the following points related to your contact information in a kravbrev:

• Full legal name
• Complete valid address of the property
• Email
• Phone number

Construction Work Details

In your kravbrev, you must state the details pertinent to the construction work for which you want compensation or correction. These include:

• Full name of the construction company
• Scope of the work agreed upon
• Reference number
• Date of the contract

Description of the Entire Problem

The kravbrev you draft must describe the entire matter at hand in detail. It must include the following points:

• The exact type of the issue or byggfel (construction defects)
• The time you or someone else identified the issue
• How that issue impacts your safety, or the property

Documents to Support the Complaint

When preparing a kravbrev, attach all the supporting documentation, which acts as evidence to prove your complaint. Typically, the supporting documentation includes, but is not limited to, the following:

• Every single inspection report
• Invoices related to the construction
• Contracts and agreements
• Videos and photos of the defect

Your Formal Claims and Demands

It is essential to state your respective demands and claims specifically in the kravbrev. Generally, this includes:

• Repairs or rectification by a fixed deadline
• Formal response in 14 to 30 days
• Monetary compensation that you expect

Signature and Date

Remember to include your signature and the date in the kravbrev. These two components make the document formal.

Legal Reference

It is a good idea to mention any law that applies to your situation in the kravbrev. The following laws generally apply to most formally written complaints.

• Konsumenttjanstlagen (Consumer Services Act)
• ABT 06 or AB 04 (Agreements in most construction projects)

Make sure that your kravbrev contains all these key components to make it complete, so the concerned authorities take your complaint seriously.

How Should You Send a Kravbrev?

Once you have completed your kravbrev, you must send it to the concerned authorities. You can send it by registered post, email, or via your lawyer.

You can send a formally written complaint via registered post, which ensures complete proof of the complaint’s delivery. Email is another option for sending a kravbrev. This method is faster but is often considered less legally binding than registered post. 

In addition, you can also send your kravbrev through your lawyer if your case is high-value or complex. Irrespective of the method you use to send the kravbrev, keep copies of all the documents and correspondence for your personal records.

What Happens After Sending A Kravbrev?

Once you send an official letter of complaint, there are two scenarios: if the respective contractor responds to the complaint positively, and if the contractor refuses it, or doesn’t respond at all.

If your respective contractor sends you a positive response following your kravbrev, make sure to:

• Negotiate the terms and price
• Schedule all the repairs
• Make sure the work is examined after its completion
• If possible, sign a legally binding settlement agreement

In case the contractor refuses your application or doesn’t respond to it, you can move forward with the following steps:

• You can file a claim via the Swedish National Board for Consumer Disputes- the Allmanna reklamationsnamnden (ARN)
• You can file a lawsuit in the District Court- the Tingsratten

A wise move is to consult an expert attorney (advokater) in Sweden to ensure you take the right step forward. An experienced attorney can also help you draft a more thorough and legally sound kravbrev, improving its chances of acceptance.

How Advantage Law Firm Can Assist You?

If the construction company doesn’t positively respond to the kravbrev, the claim has significant financial value, and the issue encompasses safety concerns or injury, it is essential to get a legal expert on board.

At Advantage Law Firm, we have expert attorneys specializing in property and construction law to help you. Our experts can draft an enforceable kravbrev for you, review the existing insurance coverage and contracts, and even represent you in court. We guarantee to protect your rights and handle your case professionally.

Call us, or fill out the form below to get our expert help.