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A contracting company tried to evade repairing construction defects - and paid dearly

A couple paid NIS 4 million for an apartment in Ramat Hasharon, and were forced to pursue the contracting company for three years.

Only after initiating legal proceedings did the parties reach an agreement on compensation

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Monday, 15 February 2021, 12:26

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Even when you pay NIS 4 million, it is difficult to be sure that you have received a finished product (the project in the photo has nothing to do with the article) (Photo: Reuven Castro)

A couple, who bought an apartment in the prestigious Bialik 37 boutique project in Ramat Hasharon and paid more than NIS 4 million for it, experienced firsthand the adage "Not all that glitters is gold", since many construction defects were discovered in their dream apartment.

According to the couple, they repeatedly contacted the contractor company that erected the building, so that it would work to correct the defects in their apartment, but these inquiries were answered, to their testimony, by procrastination and without a real answer.

Therefore, the couple turned to attorney Gil Adar, who specializes in real estate law, who filed a lawsuit on their behalf against the company.

An expert opinion attached to the lawsuit listed many construction defects, including moisture damage, sloppy and damaged finish of the ceramics, paint and shutters, common water pipe Which passes through the bedroom and causes loud noises, waterlogging due to poor drainage, and more.

The lawsuit further alleges that for about three and a half years, the couple repeatedly approached the contracting company, however, contrary to the obligation under the Sale Law, the company fired them with various and strange excuses and did not act to correct the defects.

It was further alleged that the years that passed without repairing the hazards, caused the damage to the apartment to worsen, and an inspector, who was once again invited to prepare an updated opinion, estimated the cost of the repairs at about NIS 80,000.

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Adv. Gil Adar (Photo: Nurit Yahalomi)

"The plaintiffs acted in good faith and made every effort to give the defendant more and more options for repairing the defects according to her legal and contractual duty, but the defendant chose to ignore and wait for the plaintiffs to let go, by way of rejection and ruthless disregard for the plaintiffs, who invested their best money in the apartment ", Adv. Adar claims in the statement of claim.

Only after the lawsuit was filed, did a senior member of the company finally agree to reply to Adv. Adar.

The same source apologized to him that a warning letter sent to him before the lawsuit was filed was not answered, and suggested that the company correct all the defects without being required to go to court.

But it was too little and too late.

According to Adv. Adar, since the lawsuit has already been filed, and the couple was required to pay him a fee, it will be possible to complete the legal process, only if the company makes, within 60 days, a quick and thorough repair of all defects at a cost of about 80,000 shekels, and more. Despite the high price, more than NIS 100,000 in total, the company accepted the offer in the affirmative, and a compromise agreement was signed between the parties, which recently received the force of a ruling in the Tel Aviv Magistrate's Court.

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