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Case: The plaintiff (=pl) is a company that supervises building projects. The defendant (=def) is a group that sought to receive rights and build two residential buildings. Def hired pl to supervise the building project for 384,000 shekels (2.5% of the cost of building). The contract says that this is a final price, and there cannot be renegotiating due to inflation, discovered costs, or anything else. The government required the group to build a two story parking building instead of the planned uncovered parking lot, and pl claims that it added more than 1,500,000 shekels to the price of the project and required extra work. Therefore, pl demands an extra 38,000 shekels, using the same 2.5% price key. Def responds that since the contract sets the price as totally final, pl cannot ask for more. They also included an estimate made for a loan application that puts the amount of increased expense at significantly less. Also, if someone should pay pl, it should be the chevrat nihul (cn – the company that def pays to handle the project as a whole), as they have been paying two thirds of pl’s fee. Finally, a compromise had been worked out, for def to pay 27,350 shekels, and although it did not come to fruition, def should not have to pay more than that.
P'ninat Mishpat (831)
Various Rabbis
551 - Firing a Contractor – part V
552 - Additional Pay for Additional Work?
553 - A Disappointing Partnership – part I
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Regarding the amount due for the addition, pl’s calculation, based on the agreed upon percentage per the amount paid already to the contractor for building, is a logical, precise way to calculate. In contrast, def’s idea of taking the estimate presented early on to a bank in a financing request is arbitrary and inexact. Therefore, 38,000 shekel is the correct amount. The expert said that a 2.5% rate is under the norm for such jobs.
Even if, in practice, cn paid pl, that was based on an internal arrangement between def and cn. For our purposes, the important thing is that def obligated itself to pay pl, and thus it is responsible to ensure that pl receives as much as it legally deserves.
At first glance, the compromise agreement, even if unsigned, is binding because there was work done after the agreement, and this serves as a kinyan (see Shulchan Aruch, Choshen Mishpat 315:4). Second of all, since pl only had to be mochel (relinquish rights), this does not require a kinyan. However, since the compromise was made with the understanding that def would pay promptly and without a further legal battle, the mechila was done under false pretenses and is null (see similar idea in Eretz Hemdah-Gazit ruling 77015).
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
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: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
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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)
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)
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.
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)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
D'varim Judaism’s Social Vision
Re’eh
Giving is more than an act of generosity—it is an essential part of human dignity that belongs to everyone, rich and poor alike. The ultimate goal of help is to empower others to stand on their own.
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.
