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Case: The defendants (=def) hired the plaintiff (=pl) to renovate their home for 305,000 NIS, agreeing to complete the job by August 2022. During the project, def requested additions and changes. Relations deteriorated over alleged delays, unaddressed defects, scheduling, and billing discrepancies. The sides paused to take account of their mutual contractual obligations, which resulted in pl claiming they deserved an additional 83,000 NIS, beyond the 323,000 NIS paid, due to the additions. Def claimed they overpaid by 27,000 NIS. With def refusing to pay more and pl therefore refusing to continue work, including repairing imperfections, def fired pl. The central issue in this partial ruling is whether def was legally justified in dismissing pl. Ruling: Lateness of work schedule; work foreman’s absences; waste removal: Pl admits that the work schedule was late, but explains that def’s additions and changes and his pressuring to start working without the schedule were major contributing factors. Pl admits that the foreman was not always present, but when he was not, senior workers often came, and the foreman usually came at the end of the day to appraise progress. Pl claims that while his equipment remained on the site, garbage was removed. Beit din posits that while one should keep all contractual pledges, failure or delay is not grounds for termination without warning in matters that are not at the heart of the work (see Tosafot, Kiddushin 49b regarding conditions of different levels of importance). [Without going into all the details] the deficiencies discussed do not reach the bar for termination. Lateness in workday: Def claims that pl started the workday after the time he pledged, and the contract allows def to cancel the contract if he starts late. Beit din agrees with pl’s reading of the contract that this fundamental condition refers to starting the work at a later date than spelled out. Inconsistent starting times of each day’s work are rarely a fundamental matter. Changing rules of engagement: Def claims that they worked out and signed an agreement with pl’s foreman for him to fix flaws irrespective of def’s payment for the next stage of work, until pl stopped him, which was a breach of contract. However, beit din accepts pl’s claim that the foreman, who is a worker for pl, does not have the authority to obligate pl in arrangements that are beyond the original agreement. Pl did not finish the work by the time listed in the contract: Def points out that pl was three months late; there was a grace period of only one month for fixing imperfections. Pl argues that def waived the starting time by two weeks and because he added 25% more work with additions and def’s building inspector delayed progress multiple times, he is not responsible. Beit din concludes that even if pl had some responsibility for the delays, considering how much was caused by def’s side, the delays are not grounds to nullify the agreement. Considering the above, def do not have grounds to fire pl due to cause. Although the contract allows him to remove pl with ten days’ notice, under these circumstances, calculation of the amount due to pl for work done is arrived at in a more favorable way for pl than if there was cause for firing.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
859 - Regulation of Land Rights in a Settlement Extension – part V
860 - P'ninat Mishpat: Complaints about Contractor’s Work – part II
861 - P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
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