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Ruling: In response to pl’s claim that he had been justified to pause the work due to underpaying, def showed that the contract states that eng is the sole authority about when and how much payment is due and he is to arbitrate any disagreement. Pl responded that eng was lying about the money due in order to find favor in the eyes of def, his employers.
Def are correct in this matter. The Shulchan Aruch (Choshen Mishpat 71:1) rules that if an agreement is made between the sides that the lender will be believed about whether payments were made, he can continue to get paid based on his word without an oath, unless witnesses testify that there were additional payments. This is even though the lender is obviously biased, because the borrower was aware of that from the outset. Here too, pl was aware of the relationship between def and eng and still accepted eng as the final word. Therefore, pl was not justified to boycott his job over a financial dispute, against eng’s decision. At this point, of course, beit din has the authority to overrule eng’s decision if it can be proven to have been erroneous. However, in this case, pl has not even been able to explain how he arrived at the sum that he is demanding, which only weakens his position.
Regarding pl’s claim that he should have had the opportunity to continue the work, the contract states that not keeping to the work schedule is considered a "fundamental violation" of the agreement. Since the deadline for completing the work was 60 days, an unwarranted boycott of several days with no return date at hand is an abrogation of pl’s obligation and allows def to move on.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
617 - Interpreting an Arbitration Clause
618 - Pay for Contractor who Left the Job under Protest – part I
619 - Pay for Contractor who Left the Job under Protest – part II
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part II
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P'ninat Mishpat Repercussions of a Sale that Turned Out Not Happening – part III
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P'ninat Mishpat Payment for Not Clearing Warehouse On Time – part II
based on ruling 75076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part II
based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
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based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
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based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
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