Sample claim for breach of contract – how to formulate it correctly to be successful?

A sample claim for breach of contract can help you understand how to properly prepare the claim in the event that you are considering filing. Claim for breach of contract.

Filing a claim in the event of a breach of contract requires the contract to be attached as an appendix to the claim, because the contract is the basis for the legal proceedings. In addition, the claim must refer to the clauses of the contract that the plaintiff claims were breached.

Unless there is a fundamental breach of contract, it is advisable to allow the defendant to remedy the breach. For example, if a certain amount of money was not paid on time, you can send Warning letter before filing a claim And announce that if the violation is not corrected within 7 days (if the amount is not paid within this period of time), a lawsuit will be filed against the violator of the contract.

The bottom line is that the victim wants to receive their money as quickly as possible and not pursue a lawsuit that may take years, and if the warning letter leads to this result and saves years of legal litigation, the victim will only benefit from it.

However, it is not always advisable to send a warning letter before filing a lawsuit. Sometimes the breach of contract is serious and causes immediate damage to the injured party. In such cases, it will sometimes be appropriate to file a lawsuit immediately, and together with it (and sometimes even before it) to file a request for a Temporary remedies.

It is very important to consult with Contract lawyer Experienced before filing a contractual claim. A claim for example, breach of contract, cannot always help you understand how to proceed correctly in the case relevant to you. Especially when it comes to damages in significant amounts of money (hundreds of thousands of shekels or more), any mistake in drafting a contractual claim or managing the procedure may cost the plaintiff dearly.

Sample claim for breach of contract

Regarding:

The plaintiffs: 1. שם ושם משפחה, ת"ז: _________
2. שם ושם משפחה, ת"ז: ______________
address 
Tel: __________ 
ע"י ב"כ עוה"ד אדי בליטשטיין (מ.ר. 60023)
13 HaHagana St., Rishon LeZion (Yaron Miller Tower, Office 501) 
Tel: 03-6427876; Fax: 077-4704697

N G D

Defendant: פרטי הנתבעת, ת"ז/ח.פ.
address 

Claim

Essence of the claim:  Contracts. 
Requested remedies: Financial compensation in the amount of 461,086 NIS. 
amount Court fee: 11,527.15 ש"ח (5,763.58 ש"ח במועד זה לפי תקנה 6(א) ופרט 1 לתקנות בתי המשפט (אגרות), תשס"ז -2007).
The existence of an additional procedure: There is no further proceeding between the plaintiffs and the defendant dealing with the matters detailed in this lawsuit.

Summons

Since the plaintiffs have filed this lawsuit against you, you are invited to file Statement of defense within sixty days From the date this invitation was presented to you.

Please note, if you do not submit Defense אזי לפי תקנה 130 לתקנות סדר הדין האזרחי, התשע"ט-2018, תהיה לתובעים הזכות לקבל A verdict not before you.

The emphasis in the statement of claim is not in the original unless otherwise noted.

A concise description of the litigants

1. The plaintiffs are _______________.
2. The defendant is an association that rented the property that is the subject of the lawsuit from ______ until the date of vacating the property at the end of August _______ (during the agreed rental period and not at its end), for the purpose of operating a kindergarten.

The reliefs requested in brief

• The Honorable Court is hereby requested to grant the plaintiffs, jointly and/or separately, the following reliefs:
• חיוב הנתבעת לשלם 285,000 ₪ בגין שיפוץ הנכס נשוא כתב התביעה (בהתאם לחוות דעת השמאי המצורפת להלן), לצורך החזרתו למצבו טרם כניסתה של הנתבעת אליו, בקיזוז 30 אלף שקלים מכוח סעיף 16 להסכם מיום ______, ובסה"כ 255 אלף שקלים.
• Agreed compensation without proof of damage For a fundamental breach of the contract (Article 29 of the agreement dated April 24, 2017) in the amount of 66,843 thousand shekels (three months' rent).
• Compensation for three months of rent for the time it will take to renovate the property and return it to its original condition – 66,843 NIS (see Appraiser's opinion below).
• Compensation in the amount of 50 thousand NIS for loss of rent because the property subject to the lawsuit was not restored to its original condition. This loss is reflected in a discount of 2 thousand NIS on the rent for the first ten months for the new association and a waiver of monthly rent of 15 thousand NIS for the first two months.
• Compensation for the emotional distress caused to the plaintiffs in the amount of 20,000 shekels.
• Reimbursement of appraiser expenses in the amount of 2400 NIS.

Summary of the facts necessary to establish the cause of action and when it arose

• On ______, the plaintiffs and the defendant signed an agreement to lease a property in the city of Ramat Gan, which was used by the defendant for the purpose of operating ________.
• On ________, the plaintiffs and the defendant signed an addendum to the agreement dated ________.
• When the defendant moved into the property in ________, she made adjustments to it to suit her needs. To this end, walls were demolished and many different adjustments were made (including to the plumbing). who have significantly altered the property.
• A significant portion of the changes/demolitions carried out by the defendant on the property They significantly deviated from what was agreed upon between the parties, and the plaintiff informed the defendant's representative of this in real time, who confirmed that the defendant had deviated from the agreement between the parties, and promised to restore the situation to normal.
• Both the agreement and the addendum agreed that when the defendant left the property, the defendant would return the property to its original condition.
• At the end of August ______, the defendant left the property but did not restore it to its original condition and/or did not pay the plaintiffs a fee for restoring the property to its original condition, Although its representatives have pledged to do so on various occasions, Oral and written.
• As a result, the plaintiffs were forced to rent the property to another association at a significant discount on the rent (including the first two months grace - free of charge). The reason for the discount stems from the fact that the new association received a property that was not suitable for its needs (for running a daycare center as opposed to a kindergarten) and conditioned its signing of the agreement on receiving the first two months free of charge, and also because the plaintiffs were forced to find a replacement tenant as soon as possible because the defendant did not intend to restore the property to its original condition (an action that required at least three months of work on the property). The plaintiffs acted in this way in order to minimize their damages.
• The defendant was required to restore the situation to its original state, and the new association would make changes and adjustments to the property according to its needs, and at the end of the rental relationship, it would be the one to restore the property to its original state, at its own expense.
• In the situation that has arisen, upon termination of the rental relationship with the new association (lessee), it will not restore the property to its original condition (its original condition – before the defendant entered the property) and the plaintiffs will be left with a destroyed property, and they will have to pay out of their own pockets for restoring the condition to its original condition. This is an outrageous outcome that cannot exist without adequate relief for the plaintiffs.
• According to an appraiser's opinion, the cost of restoring the property to its original condition is estimated at 285,000 shekels.
• Hence the lawsuit.

The facts that give the court jurisdiction

1. לבית המשפט הנכבד הסמכות העניינית והמקומית לדון בתביעה זו לאור סכום התביעה ומקום הנכס נשוא כתב תביעה זה, בהתאם לתקנה 7(א) תקנות סדר הדין האזרחי, תשע"ט – 2018.

Details of the allegations

1. בתאריך ______ התובעים והנתבעת חתמו על הסכם להשכרת נכס בעיר רמת גן (להלן:"The agreement"), ששימש את הנתבעת לצורך הפעלת גן ילדים.
2. בתאריך _______ התובעים והנתבעת חתמו על תוספת להסכם מיום ______ (להלן: "The addition").

Appendix 1: Agreement dated ______ and addendum dated _________.

1. In Article 14 of the Porto Agreement The agreed changes The plaintiffs that the defendant will make to the property. The defendant made additional changes for which the defendant did not request, and therefore did not receive, the plaintiffs' consent.
2. Article 7 of the agreement states as follows:

"…מיד בתום תקופת השכירות, מתחייב השוכר לפנות את The leased property and make it available to the lessor when the leased property (including the garden) is in the configuration and condition in which the lessee received it (residential home configuration)., למעט בלאי הנובע משימוש סביר, וכשהמושכר נקי מכל אדם ו/או חפץ השייכים לשוכר."

• Section 13.5 of the agreement states as follows:

"13. השוכר מצהיר ומתחייב בזאת:

13.5. Return the rented property to the landlord in the condition in which they received it., למעט בלאי סביר הנובע משימוש רגיל כגן ילדים…."

• Article 15 of the agreement states:

"מצב הדירה לפני השינויים יצולם, יתועד וייחתם על ידי הצדדים, והוא יהווה ראיה The condition to which the apartment will be returned at the end of the lease.. כמו כן, יפורט כי בדירה ישנה : 2 ארונות בני 4 דלתות כל אחד, תנור בישול (בילד אין), קולט אדים, מזגן מרכזי, חומרי בניה ועודפי קרמיקה ששימשו את בניית הבית (נמצאים במחסן)."

• Sections 16-17 of the agreement are also relevant to returning the property to its original condition.
• The large number of clauses relating to restoring the situation to its original state indicate that this is a material matter between the parties, and that breach of this obligation constitutes a fundamental breach of the agreement. Another matter indicating that this is a fundamental breach is the amount of the renovation, which is estimated at hundreds of thousands of shekels (see opinion below). If the plaintiffs had known in advance that the defendant would not restore the situation to its original state, they would of course not have entered into a rental agreement with the defendant.
• The addendum to the rental agreement states in Section 3 as follows:

"מוסכם כי השוכר מתחייב להשיב את המצב לקדמותו בתום תקופת השכירות הנוספת, כאמור בהסכם השכירות, וזאת בהתאם לתשריטים המצ"ב ובהתאם לתמונות אשר בידי המשכיר אשר נמסרו לעמותה בתאריך 6.62023. ככל והמשכיר יבקש שהשוכר לא יחזיר את המצב לקדמותו בתום תקופת השכירות, הוא יודיע זאת לשוכר בהודעה בכתב עד למועד החל 3 חודשים לפני תום תקופת השכירות הנוספת."

• Section 7 of this addendum stipulated that all other terms of the agreement would remain in effect and apply to the parties during the additional lease period.
• On ______, the plaintiff sent a letter to the defendant stating that he discovered that changes had been made to the property that were not in accordance with the agreement between the parties. These are significant changes such as breaking down walls, significant changes to plumbing, etc.
• On _______, Ms. _______, then-Administration Manager at the Defendant, responded to the Plaintiff's letter, and wrote in Section 1 of her letter as follows:

"First, I would like to reassure you: the structure will be restored to its original state in due course.."

• In paragraph 2, Ms. ______ continued and wrote as follows:

"לצערנו לא יכולנו להרוס רק כפי שסוכם מאחר שהחלל היה קטן וזאת ראינו לאחר שהרסנו קירות בהתאם לסיכום"

• We have before us an admission by a party that the defendant did indeed act in violation of the agreement, and not only did she not restore the situation to its former state, as she had promised, but also broke walls and caused additional damage, not in accordance with what was agreed upon in the agreement.

Appendix 2: Plaintiff's application dated _______ and defendant's response dated __________.

• Over the years, tenant-landlord relations were mostly normal. During the Corona crisis and after the war that broke out on 7.10.23, the defendant contacted the plaintiffs and requested a discount on the rent, And the plaintiffs were right to reduce whenever Ten thousand shekels of rentIf the plaintiffs had known that the defendant would refuse to restore the property to its original condition, they would not have agreed to grant her any discount.
• בתאריך ________ הנתבעת הודיעה לתובעים בכתב על רצונה לסיים את השכירות ולעזוב בסוף __________ את המבנה ש"היה לנו לבית חם, בית של אושר, שמחה ואור".
• הסיבות העיקריות שפורטו במכתב זה לעזיבה הן "קושי כלכלי להחזיק את הגן בשל ירידה מתמשכת ומחריפה בביקוש ל______ בדרום העיר".
• The plaintiffs agreed to the early departure, contrary to the terms of the addendum, but always emphasized that this was subject to restoring the property to its original condition, or alternatively, payment for restoring the property to its original condition.
• It should be emphasized that departure in violation of the terms of the addendum entitles the plaintiffs to agreed compensation for the defendant's early departure from the property, in the amount of 50 thousand shekels (Article 29 of the agreement). The plaintiffs did not comply in real time, and do not comply at this time, with the receipt of the agreed compensation, but this illustrates how much the plaintiffs came towards the defendant, and that the defendant acted and is acting with good faith, in bad faith, and probably out of a desire to take advantage of the plaintiffs' advanced age, in order to exhaust herself, even during the conduct of these proceedings. This matter must be taken into account when ruling on legal costs at the conclusion of these proceedings.
• On ________ the plaintiff had a conversation with Mr. _________, who, as far as the plaintiffs know, is a lawyer and a board member of the defendant. Mr. ________ tried to convince the plaintiff to agree to accept alternative tenants who would pay a maximum of 12 thousand shekels per month (while the plaintiffs were at this stage receiving over 21 thousand shekels per month for rent (see Section 2 of the Appendix)).
• Mr. ________ emphasized during the conversation that he was willing to restore the property to its original condition. Alternatively, Mr. ________ offered to give the plaintiffs an amount of money that the parties would agree on so that the plaintiffs would restore the property to its original condition, but as the parties approached the date of eviction, it became clear that actions were one thing and words were another.
• A few days later, there was a WhatsApp correspondence between the plaintiff and Mr. ________, in which Mr. _______ indicated to the plaintiff that he had been contacted by a person interested in renting the property as a residential apartment (and not a kindergarten) for the long term. This person is allegedly the owner of a construction company who even agreed to bear the renovation costs, which were estimated at 400 thousand shekels, according to Mr. ______.
• Ultimately, the negotiations between the plaintiff and the person interested in the property for the residential apartment did not culminate in a rental agreement.
• On ________, the plaintiff met with Ms. ________________ (all of whom are representatives of the defendant, and as far as the plaintiff knows, hold various positions in the defendant) at the defendant's offices in Ramat Gan. The plaintiff gave them a price quote for the renovation of the property and its restoration in the amount of 300 thousand shekels. At the end of this meeting, another meeting was agreed upon on _________, but after several postponements by the defendant's representatives, the meeting ultimately did not take place.
• During the meeting on __________, the plaintiff emphasized that in order to restore the situation to its original state, it would require, in his estimation, at least two months of work on the property. For this reason, it was important to begin renovating/restore the property to its original state as soon as possible so as not to cause the plaintiffs to lose rent immediately after the defendant vacates the property, at the end of ________. During the meeting, the defendant's representatives emphasized that they would prefer to give the plaintiffs money rather than have the association renovate and restore the property to its original state.
• The plaintiff also corresponded with Ms. ______, who was in a management position at the defendant. Even in correspondence with ________, the plaintiff constantly inquired when the defendant intended to pay for the renovation and return the property to its original condition, or to carry out the renovation herself, even in the month of _______, very close to the date the defendant left the premises.
• On _______ the plaintiff spoke with _________ and tried to understand from her what was happening with the issue of returning the property to its original state. _______ stated that the association's members were currently unavailable and that they would all return from vacation in September, and only then could it be discussed, since it was necessary to involve the association's board (according to ________).
• On ________, the plaintiff met with __________ at the property after it had just been painted. The plaintiff confirmed that he had taken possession of the property and that the property had been painted, but this confirmation did not constitute a waiver by the plaintiff, and certainly not by the plaintiff, to restore the property to its original condition. For this reason, the collateral was not returned to the defendant.
• בתאריך ________ התובע פנה שוב לנתבעת ודרש להחזיר את הנכס לקדמותו או לשלם בגין השיפוץ. מאותו מועד הנתבעת לא הגיבה יותר לפניות התובעים למרות שהתובע הדגיש שבכוונתו לממש את שיק הביטחון ע"ס 45 אלף שקלים שהנתבעת מסרה לו.

Appendix 3: Plaintiff's letter dated ________.

• On ________, the plaintiffs received an appraisal opinion (an inspection conducted on the property on ________) that clarifies the costs required to restore the property to its original condition. According to the opinion, the amount involved is 285 thousand shekels.

Appendix 4: An appraisal opinion clarifying that 285,000 shekels must be invested to restore the property to its original condition.

• A review of section 10(h) of the opinion will reveal that the appraiser determined that the renovation and restoration of the property to its original condition would require 3 months of work. The plaintiffs are also entitled to financial compensation for this period of time, as it will not be possible to rent the property or use it.
• Section 11 of the opinion details the renovation costs.
• When the plaintiffs saw that the defendant intended to pay for the renovation and not return the property to its original condition, they began looking for a new tenant for the property, and indeed a replacement tenant was found (the ______ Association). If the plaintiffs had not found a replacement kindergarten to move in immediately after the defendant, they would have lost not only a month or a few months of rent, but the entire school year, since, Kindergarteners do not move from one kindergarten to another during the year.
• Here you go, In light of the poor condition of the property, the alternative tenant demanded to receive the property in exchange for a reduced rent of only 15 thousand shekels per month, for a year. In addition, the alternative tenant conditioned her entry into the property for the first two months on grace (free of charge). The plaintiffs were forced to agree.
• Following the defendant's conduct, andBreach of contract By her (Fundamental violation), not only is the property worth much less today because it was not restored to its original condition, but the plaintiffs were forced to rent the property, due to its current condition, under significantly worse terms than what the defendant itself paid.

Plaintiffs' damages

• The plaintiffs received back the property without it being restored to its previous condition. The cost of restoring the property to its former condition is estimated, as stated above, at 255 thousand shekels (285 thousand shekels minus 30 thousand shekels, pursuant to Article 16 of the agreement).
• Failure to return the property to its original condition constitutes a fundamental violation of the terms of the agreement, which entitles the plaintiffs to compensation in the amount of 3 months' rent (Article 29 of the agreement) - 66,843 thousand shekels.
• Compensation for three months of rent for the time necessary to renovate the property and restore it to its original condition – 66,843 NIS (see appraiser's opinion above). During this period, the property will not be able to be rented.
• Compensation in the amount of 50 thousand NIS for loss of rent because the property subject to the lawsuit was not restored to its original condition. This loss is reflected in a two thousand discount on rent for the first ten months for the new association, and a waiver of monthly rent in the amount of 15 thousand NIS for the first two months.
• The plaintiffs believe they are entitled to compensation of at least 20,000 shekels for Mental anguishThe plaintiffs are very elderly people who the last thing they want is to conduct this or any other legal proceeding. The defendant's conduct has caused considerable concern on the part of the plaintiffs, as there is a concern that if the lawsuit is not accepted, the plaintiffs will be the ones who will be forced to bear the sum of 255 thousand shekels for the renovation. This is a considerable amount by all accounts.
• The plaintiffs are entitled to reimbursement for the cost paid to the appraiser for preparing the opinion attached to the statement of claim.

In conclusion

• In light of all of the above, the Honorable Court is hereby requested to summon the defendant to a hearing before it and to rule as follows:
• the remedies detailed in this statement of claim.
• To charge the defendant with payment Legal expenses ושכר טרחת עו"ד בתוספת מע"מ.
• To grant any other relief that the Honorable Court deems appropriate in the circumstances of the case.

_______________
עו"ד אדי בליטשטיין
ב"כ התובעים