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Ruling: Last time, we saw that pl was wrong in leaving the work and lost his right to finish the job.
Pl claims that even if he was wrong for leaving the job, his fee should be reduced only according to the prorated cost of the work needed to be finished. The contract states that if pl fails to keep to the time schedule or does not fix flaws within ten days, def can replace him, after warning. This grants def the right to have the same work done, even at a higher fee (def must present proof of payment). The warning does not need to be about an imminent hiring of someone else, but just that he make demands about what is expected of pl, which it is documented that he did.
The written specification of the aluminum work requires "Belgian style," which pl did not provide, and therefore def wants them replaced. The problem was detected before installation, and the sides decided to install what was ordered and compensate monetarily as needed. Now, def claims that the aluminum is of unreasonably low quality. Pl denies ever receiving the specification sheet for the aluminum and that they therefore ordered "standard" aluminum. Pl also claims that eng agreed to the aluminum, which eng denies.
Beit din concludes that it is unreasonable for pl to have received exact specifications for everything except the aluminum and to nevertheless set a price for it, especially because we are unaware of any "standard" product. There are also indications that pl received the information and acknowledged he made a mistake in the order. The rule is that when a litigant quotes a third party and the third party denies what was said in his name, the litigant is not believed. Since both sides gave special trust to eng, pl’s claims in this matter are rejected. However, beit din’s expert finds that the aluminum installed is of reasonable quality and since def allowed it to be installed, the aluminum need not be replaced. Pl will have to return a significant amount of money for the downgrade.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
619 - Pay for Contractor who Left the Job under Protest – part I
620 - Pay for Contractor who Left the Job under Protest – part II
621 - Valid Excuses to Not Pay Rent?
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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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