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- P'ninat Mishpat
Case: The plaintiff (=pl) served as a supervisor of the building of the defendants’ (=def) house, which included inspecting the work going on at the site and also coordinating and taking responsibility for the architect, engineer, contractor, and subcontractors. His fee was 26,000 shekels, and the construction was supposed to be finished by the end of 2015. During the work, pl recommended to def to expand the scope of development and argued (against the other professionals) that they should build supporting walls, at a cost of 200,000 shekels to accomplish this safely. Def accepted pl’s plan. The work dragged out until Oct. 2016. The contract stated that for work that pl will need to do after 2015, he will be paid 260 shekels per visit. Pl says that he has worked 120 hours on matters outside the contract, but is charging for only 50 hours at 260 shekel an hour (13,000 plus VAT). Def argues that it does not make sense that the extra work is more than half of his base salary, that pl did not warn them he would ask for more money, and that his silence implied that the 200,000 shekels for the supporting walls included his fee. They also claim that he is responsible for much of the delay in the project.
P'ninat Mishpat (832)
Various Rabbis
531 - What Type of Option?
532 - Expanding Work and Expanding Pay
533 - Poor Job of Setting Up an Internet Site? – part I
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However, def’s claim that such a large increase in pl’s pay for services without warning does have validity. The way pl presents his claim, he is asking for double pay for some of his work, as follows. He was promised pay for work after the construction was supposed to be done because that is in effect new work. But a major part of the delay was due to building the supporting wall, so that if he will be paid for the wall, it should be reduced for what he ostensibly deserves for overtime by going into 2016. Furthermore, pl’s job included taking responsibility for the work of the other professionals.
From the deliberations it emerged that the price for pl’s work was based on an assumption of approximately 100 visits at 260 shekels including VAT per visit. Not including the visits due to unnecessary delays, for which pl had pledged responsibility, there were 120 visits. Therefore, pl deserves 20 * 260 shekels including VAT, or 5,200 shekels.
Other dayanim arrived at the same sum in different ways.
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: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part II
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part I
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
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)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
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)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
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)
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)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
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)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
