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Case: Plaintiff 2 (=pl2) was the contractor for major renovations of the defendant’s (=def) home; plaintiff 1 (=pl1) was the supervisor. Pl2 was well behind schedule and was fired by def. [Over the last installments, we presented that def had the right to fire pl2, determined how to appraise the amount pl2 should receive for the work already done, and discussed a variety of damages. We continue with more damages.] Def claims that the waterproofing on the roof was done improperly. Pl1 and Pl2 refute that claim. Def claims that there are major flaws in the electrical system, including that pl2 did not sufficiently expand the amperage capacity and that the electrical box is out of room for adding lines. Pl2 claims that the latter is because def added too many electrical sockets. There is also a need to figure out how much pl1 should receive for his supervisory work.
Ruling: Beit din hired an expert on waterproofing, who concluded that the work was clearly deficient and that it had to be totally undone because the roof was not sloped properly [to ensure water runoff]. The work became more expensive because def installed solar water heaters, which pl2 said they were not initially designed to do. However, it is clear from the list of features in the building that they did know. Since pl1 and pl2 told def that the roof was fine, the extra cost due to the need to undo the solar water system is their responsibility. Because the expert’s findings were so clearly against what pl1 and pl2 claimed, we hold them responsible for the need to hire the expert, and they must pay that whole expense.
An expert beit din hired to check the electric system found that there was a need for over 12,000 shekels of repair. He also determined that a house expanded to such a size, including a new housing unit, should have 120 amperes. The expense to pay the Electric Company to raise the capacity is not to be paid since def would have incurred it anyway if pl2 would have carried it out. Since the contract says that the electric box should be a third bigger than the initial needs, the defendants are responsible for it being full already. The expert did not see an unreasonable number of sockets. Because def made a larger claim than was approved by the expert, we conclude that both sides were responsible for the need for an expert, and they will share his expense.
Pl1 deserves to be paid for the benefit he provided, which can be estimated by a percentage of the value of the work done minus the value of the damages and deficiencies for which pl1 and pl2 have to pay. Plus, since the job of a supervisor is to reduce headaches for the homeowner, something that pl1 did not do properly, his salary should be reduced somewhat more than the apparent percentage. (We will not get into the detailed calculations.)
P'ninat Mishpat (829)
Various Rabbis
549 - Firing a Contractor – part IV
550 - Firing a Contractor – part V
551 - Additional Pay for Additional Work?
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P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part II
based on ruling 84044 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: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
