Contractor claim for construction defects – How to defeat a contractor in a claim?

Suing a contractor for construction defects is not always a simple task, so it is very worthwhile to prepare for such a claim accordingly in order to significantly increase the chances of success. One of the main things that is important to remember is that you should not rush into filing a claim because not all damages can always be detected immediately upon occupancy of the apartment, which is exactly why חוק המכר (דירות), תשל"ג-1973 Establishes an inspection period and warranty period for a new apartment. These periods can total up to 10 years for some of the components of the house.

This article will detail what to do before suing a contractor for construction defects so that it will be easier to prove your claims in court. Remember – a judge does not know you or your apartment, and he does not know what defects exist in it. The judge is obliged to act according to the Civil Procedure Regulations, and the laws of evidence in order to accept your claim. The more you go to court with many claims but little evidence, the more likely it is that your claim will be dismissed and the court will order you to pay Legal expenses To the contractor.

What is important to know before suing a contractor for construction defects?

Contractor's claim for Construction defects Requires basic familiarity with the court system and an understanding that such a lawsuit will involve investing quite a bit of money and time (for example: attending court hearings, reading legal documents such as Affidavit of first witnessUnderstanding that a legal process can take much more than a year, and possibly even longer if accepted verdict To your detriment and disgrace File an appeal).

The period of time required to sue a contractor for construction defects?

ככל שסכום התביעה נגד הקבלן עולה על 75 אלף ש"ח (ובחלק גדול ממקרים אלה זהו אכן המצב) הקבלן יהיה רשאי להגיש Defense Within 60 days From the date of receipt The statement of claimIn addition, the court recesses must be taken into account. The summer recess is the longest recess and lasts about a month and a half (beginning on July 21 and ending on September 5). The recess days are not counted for the purpose of calculating the deadline for filing a defense.

That is, if the claim was served on the contractor on July 22 (after the start of the summer break), due to the break, the date of service will be calculated from September 6 (after the end of the break), and from that day, 60 days must begin to be counted.

These periods of time are enough to understand that the very Its beginning The process can last for many months. Add to this the fact that the courts are very busy and many months can pass between hearings (usually no less than six months), and you already understand that your claim can last much longer than one year.

Lawyer's fees for handling a contractor's claim for construction defects

A contractor claim for construction defects requires expertise in this area. These are not simple claims, but claims that often involve many interim requests, filing responses to these requests, and quite a few hearings. All of this leads to you having to pay Lawyer's fees In an amount that is far from negligible.

In most cases, attorney fees in a contractor's claim for construction defects Will not decrease מ-20 אלף ש"ח בתוספת מע"מ, ויכול להגיע גם לסכומים גבוהים הרבה יותר ככל שמדובר בתביעה מורכבת עם נזקים רבים ובסכומים משמעותיים.

In the vast majority of cases, the entire fee is paid in advance, and it is not a fee contingent on the outcome or percentage of the winnings.

The fees of additional professionals for the purpose of suing a contractor for construction defects

A lawyer alone, no matter how good, will not always be able to get the court to accept all of the apartment owners' claims, and the reason for this lies in the laws of evidence. To prove damage, and no less importantly, the value of the damage, an appraiser's opinion must be submitted to the court. The appraiser must first come to your apartment, document the damage, and prepare Legal opinion, and detail within it how much it will cost to repair each defect in the apartment, what exactly must be done to repair each defect, and how long it may take to repair each defect (for example: if repairing any defect requires several days of work, this may affect the amount of damage, because this will require bringing in workers for several days of work).

Sometimes a structural engineer's opinion is needed (in addition to or instead of an appraiser's opinion) to inspect a new apartment from a contractor and detect construction defects. Each such opinion can easily cost thousands of shekels (in exceptional cases, even more).

Payment to a court for the purpose of filing and managing a contractor claim for construction defects

In order to submit Civil lawsuit or Financial claim A court fee must be paid against a contractor. The fee is 2.5% of the amount of the claim. Half of this amount must be paid immediately upon filing the claim, and the other half must be paid before the evidentiary hearing.

When it comes to a small claim or Class action lawsuit Other rules apply regarding the payment of court fees.

You can also lose the lawsuit and pay the contractor legal costs.

It should be taken into account that not every contractor's claim for construction defects ends in victory, and there are also cases in which the plaintiff or plaintiffs lose their claim. In these cases, the court will usually award legal costs that the contractor will have to pay. These legal costs will usually exceed ten thousand shekels.

This is exactly the reason why you need to properly prepare for filing a lawsuit against a contractor, in order to minimize the chance of losing the lawsuit (no lawsuit, no matter how good, can be guaranteed to be 100% successful).

Documentation of the damage and initial contact with the contractor

In order to increase your chances of success in court, you must thoroughly document the damage and defects in the apartment. It is recommended to document this with photos and videos. Don't forget to back up all photos and videos to a safe place (don't leave all photos and videos on your cell phone because it can be stolen or broken, and in this situation you will be left without all the important data).

Immediately upon discovering the defect, contact In writing To the contractor. It is important to apply in writing so that you have a record of when you applied and what you requested. If necessary, you can submit your applications to the court so that the judge can review these documents.

If the contractor sends a professional or representative to inspect the defects, try to videotape these visits to your home. It is true that it is not always pleasant and uncomfortable to do this in front of the contractor's representative, but these recordings may help you significantly and shorten the duration of the claim.

Contacting relevant professionals to obtain a legal opinion

As I have already explained, in order to sue a contractor for construction defects, one must usually rely on the opinions of relevant professionals, such as an appraiser and/or a structural engineer.

Assuming that after your initial contact you did not reach an agreement with the contractor, because the contractor thinks you are wrong and there is no defect in the apartment or damage, you can present the opinion to him, even before filing the claim, so that he can see that a professional on your behalf did indeed confirm the defects and/or damage.

Typically, after receiving an opinion from a professional, the contractor will work to correct at least some of the defects, because the contractor understands that if you have such an opinion, you are very close to the stage of actually filing a claim.

Contact a lawyer specializing in construction defect claims

In order to sue a contractor for construction defects, one should seek the services of a lawyer experienced in this field. Not every lawyer is experienced and knowledgeable in this field, and therefore it is very important to contact a lawyer who has represented in the past in lawsuits against contractors, and of course won these lawsuits. For your reference Example of a lawsuit against a contractor.

Hiring the services of a lawyer who is not knowledgeable in this field (who will likely offer his services for a significantly lower fee) may significantly reduce the chances of success.

In conclusion

A contractor claim for construction defects is not a simple claim and can last a long time.

To increase your chances of success, you should document the defects and contact the contractor in writing (only) immediately upon discovering the damage. A written request is necessary for documentation, which you can submit to court in the future.

In order to succeed in a lawsuit against a contractor, you will usually need to enlist the services of professionals such as an appraiser or a structural engineer, who will need to prepare a legal opinion. In cases where a legal opinion is indeed necessary, you will usually not be able to win the lawsuit without it.

There is also importance in choosing the identity of the lawyer. In order to sue a contractor for construction defects, one should contact a lawyer who specializes in construction defects, and who has previously filed and handled lawsuits against contractors regarding construction defects (and, of course, won them).

Frequently Asked Questions Regarding a Contractor's Claim for Construction Defects