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Ruling: Def’s ability to do the repairs: The contract requires a period at the end of the project for fixing deficiencies within a short period of time. Pl was able to document repeated requests for such work, and def was very slow, for whatever reason, in coming forward to work. The Shulchan Aruch (Choshen Mishpat 306:8) says that a worker who was warned to fix his work and does not do so can be fired. It suffices for him to be warned to fix, and he does not have to be warned that he will be imminently fired. As far as the time frame, not only were the delays objectively unacceptable, but also they were not in line by the standards spelled out in the contract. Therefore, def lost his right to fix the problems himself.
How to fix the tiles: The shade of tiles that were installed are no longer available. Although def blames pl for not ordering enough tiles to be able to switch those that must be replaced, according to the expert, pl ordered more than enough. At one point, def admitted that the first tile setter he brought was not professional enough. According to the expert, the number of problematic tiles makes it proper to switch the tiles in all the "public areas," which he estimates as costing 27,489 NIS.
Payment for lateness: Pl demanded to take off 13,000 NIS for lateness, and def agreed to 10,000 NIS. Def does not feel obligated for the two weeks he attributes to the worker’s absence due to exposure to Covid. Beit din rejects that claim. It is true that one is exempt from obligations that he ostensibly is bound to because of oness (extenuating circumstances). However, since def signed the contract a year into the pandemic, he was aware of the likelihood of delays due to Covid and yet he still obligated himself without condition (see Rambam, Mechira 19:6). Although one could have exempted def based on asmachta (he didn’t believe the obligating circumstances would happen), here since we are not making def pay but only receive less payment, asmachta is not an exemption (based on Shulchan Aruch, CM 207:11).
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
728 - Veto Power of Special Stockholders – part III
729 - Dealing with Shortcomings of Building Project
730 - Claims on the Return of a Rental Apartment
Load More
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Rabbis in Midrash
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Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.
P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts
