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Ruling: It is critical to determine whether def’s decision to stop working was justified, because if it was not, def receives pay for his partial work in a manner of "his hand is on the bottom" (Shulchan Aruch, Choshen Mishpat 333:4). Specifically, we subtract from the amount due for the whole job the cost of having someone else finish the job (which, practically, is always more than it would have cost the original worker).
In this case, both the claims and the communications make it clear that def left the job because pl refused to advance more money. According to the contract (and normal practice), payment comes periodically after certain percentages of the work are done. In answer to beit din’s question, def said that he finished between a third and a half of the project. Pl paid almost half of the full price of the project, so that pl was not in significant arrears even according to def’s claims. This is exacerbated by the fact that pl asked def to prepare a staged payment schedule, which he did not do, and that def left the job when the apartment was susceptible to water seepage as the rainy season was beginning. Therefore, def was not justified in leaving the job, which has the consequence mentioned above.
According to beit din’s expert’s report, the value of the whole project is around 840,000 NIS, some 90,000 NIS more than the contract price (this difference of around 12% would not be grounds for claims of mispricing even if applicable). Def completed 31% of the job, and the expense of finishing the job by others is 585,000 NIS, so that def should get around 165,000 NIS for the work he did. To this we add 16,000 NIS, for what def did beyond what was included in the original plans. We must reduce the price of faulty work. Def did not challenge pl’s claim that she paid just over 370,000 NIS.
Originally, pl wanted def to continue at least part of the work, but later changed her mind and wanted to part ways. At the earlier stage, beit din gave instructions to def about partial work he must do for pl, but def ignored beit din’s instructions, including after beit din granted him an extension to do the work. Therefore, beit din accepts pl’s desire to move on from def.
We will continue next time with other elements of the dispute.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
813 - P'ninat Mishpat: Sharing in Plumbing Expenses – part II
814 - P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part I
815 - P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part II
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Beit Din Eretz Hemda - Gazit
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
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael – part II
#229 Date and Place: 13 Tishrei 5670 (1909), Yafo
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: How Many Dayanim?
based on ruling 84139-1 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 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
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
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How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
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Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
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Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
