Damages of Delay in Home Construction – part II
The plaintiff (=pl) bought from the defendant (=def), a real estate developer, an apartment “on paper.” Their contract set, among other things, a date for receiving a completed apartment. Def missed the date by a wide margin. [Much of the p’sak deals with compensation for the buyer during the delay]. During August 2014, def sent letters to buyers indicating that the apartments would be ready soon and recommending signing up their children in local schools, which pl did. The apartment was ready only in Oct. 2015. In the meantime, two of pl’s three children went to school in the new city while the family remained where they were (16 kms away). Pl demands compensation for the need to buy a second car and the price of transportation. Def argues that such damages are too indirect to obligate, that many of the claimed expenses are exaggerated, and that the legal obligations to compensate a buyer for delays at a high rate for rental is meant to cover side expenses such as these.