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Ruling: The contract is not clear as to pl’s required level of involvement in picking materials, or whether she could refuse to help in it other than taking part in the special choosing-material days for an extra charge. It is also not clear if plans that a carpenter could use for his work but did not provide "facades" or specify "finishing materials" are sufficient.
Therefore, we will employ the rule that the one who wants to use the contract to extract money has to provide proof that the contract supports his claims. In this case, that means that pl has to prove that she fulfilled her obligations sufficiently, which she did not do. On the other hand, def’s claims that pl fulfilled only 3-4% of her responsibilities in picking materials is clearly false. Pl did come to a regular and an extended day of choosing, and there are WhatsApp messages of her answering extensive questions on the matter.
In order to quantify the matter, it would be necessary to employ an expert, but for the size of the suit it does not make sense to spend the required money on a beit-din-appointed expert. The two sides agreed that beit din could share the details of the case (without names of litigants) with an interior decorator to receive an informal, pro bono appraisal. With that help, beit din decided that 15% should be taken off pl’s claimed wages.
Regarding the proper compensation for the extra-long day of choosing materials, the claims of both sides contain significant logic. Therefore, we will not alter the amount of 2,300 NIS, which def already gave to pl (albeit under protest).
P'ninat Mishpat (832)
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