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Ruling: It was a wise practical move by beit din’s expert to use the pricing from a previous stage of work for new but very similar work. It helps reduce dispute and fees of the expert, and it is fair as long as the expert makes adjustments to deal with the differences. Therefore, in this regard, we reject the appeal on beit din’s ruling that relied on it.
Despite def’s claims, he did not bring corroborative evidence that the second installation of lights was not according to specifications. In order to win an appeal, one has to bring proof, of which def brought none. Even if the second job was missing some elements, since the second job provided more value than was originally called for, def cannot benefit from the work and not pay for it. If def believes he has proof that the first installment was faulty and caused damage, he can open a new claim.
Even if def is correct that several lights are flickering, he cannot receive a reduction on the amount due for that. Pl is correct that since more time has gone by than the period of guarantee, flickering at this point is no longer pl’s responsibility.
The complaints against the expert, who was hired with the approval of both sides, are to be rejected. True, if the expert would have seen the lighting fixtures in person, instead of seeing pictures of them and specifications, it might have been preferable. However, the circumstances made it difficult. Since def knew the expert would not do so and he did not object when it would have been appropriate, he cannot raise an objection now.
In summary, all of the complaints of the appeal are rejected, and the ruling stands.
P'ninat Mishpat (831)
Beit Din Eretz Hemda - Gazit
831 - P'ninat Mishpat: Smoking Rights in a Rental? – part III
832 - P'ninat Mishpat: Problematic Lights?
833 - P'ninat Mishpat: A Seller with Questionable Rights to the Property – part I
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Beit Din Eretz Hemda - Gazit
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