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Ruling: [Last time we saw that sel/pl were not bound by sel's original commitment and that pl can charge for use of the property, albeit not an exorbitant price like 45,000 NIS.]
Beit din’s authority to rule on the counterclaim: First, while the only specific example mentioned in the sides’ arbitration clause was about def’s possible payment to pl for using his ground, the clause was written in an open-ended manner, including the terms "all claims" and "the sides, one against the other." Therefore, it is wrong to limit the litigation to claims without considering directly related counter-claims. Additionally, our beit din’s arbitration agreement, which the sides signed later, explicitly includes counterclaims arising from the disagreement, even those which the sides raise as the case proceeds. Therefore, beit din has full jurisdiction.
Payment for def’s services: Both sides agree that def did work of significant value and that he made no demands for payment before adjudication began. Def explains that as long as pl was also helping the joint effort by providing the ground, he did not make demands, but now, he has the right to counter pl’s demands with his own. When one performs services on behalf of another with the latter’s knowledge, the recipient needs to pay unless there is proof that he waived such rights (Rama, Choshen Mishpat 264:4). Therefore, pl has to pay, but not as much as def demands because many homeowners in the building benefited, and one cannot make the demand of payment from only one.
Beit din rules based on compromise that is close to din that the two obligations should cancel each other out, and neither side pay the other. This is the way the sides should have and hopefully in the future will approach joint projects that include gain and sacrifice for all.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
657 - Receiving One’s Due in a Joint Building Project – part I
658 - Receiving One’s Due in a Joint Building Project – part II
659 - Financial Security for a Partner/Worker?
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part II
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part III
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
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