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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 (829)
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: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part I
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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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.
