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Beit Midrash
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Ruling: [Last week we saw that def is bound by the price estimate, and now we must look at the matter of the work that was decided upon after the estimate was set.]
The gemara (Bava Metzia 76a) deals with a middleman who told workers a price that the homeowner would pay where the homeowner had actually said a lower price. In such a case, where the worker was authorized to work but there was effectively no price set, the standard price is used and where there is a range, the worker receives the lower price (Shulchan Aruch, Choshen Mishpat 332:1). Therefore, regarding elements of the work whose price was not set, def ostensibly should only have to pay minimum prices.
However, there are exceptions to the rule. For example, the Rivash (475) and Rama (CM 333:8) discuss a chazan who was hired for a year with a certain compensation package. After the year, he continued working without discussing his compensation. They say that we assume that the same conditions continue. Therefore, in regard to elements of the work that are just additional units of items spelled out in the estimate, pl gets paid at the same rate.
The Maharashdam (CM 335) discusses a worker who did a job at a given price and after a few months did the same job without discussing price. The Maharashdam said that since prices in the field went up, the worker is entitled to a higher compensation. Furthermore, he says that if the worker previously received higher than average pay, he deserves more than average this time as well. Since the employer knew his price policy and agreed for him to work without stipulation, he accepted the policy upon himself. However, the Maharashdam concluded that since the worker is also at fault for not setting a new price, beit din should make a compromise between the different possible prices. Since the Maharashdam’s logic can be applied to our case, beit din asked of a court appointed expert to set a moderate price for those elements of the work that are not related to items in the original estimate.
P'ninat Mishpat (832)
Various Rabbis
229 - Unsigned Estimates for a Contractor
230 - Unsigned Estimates for a Contractor
231 - An Aggressive Landlord
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Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
Rabbis in Midrash
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(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
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(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
