תוכן עניינים
By: Adv. Moshe Taieb
Professional Negligence in Planning and Construction: Foundation Defects
Foundation defects represent the most serious category of construction problems — they affect the entire structure, are costly to remediate, and may pose safety risks. This groundbreaking ruling establishes important principles regarding the professional liability of architects, engineers, and contractors when foundation defects arise.
At Lev-Taieb Law Office, we handle complex professional negligence cases in the construction sector with specialized expertise.
Multiple Potentially Liable Professionals
Foundation defects typically implicate multiple parties: the geotechnical engineer who assessed the soil, the structural engineer who designed the foundations, the architect who specified the building requirements, and the contractor who executed the work. The court’s ruling helps clarify how liability is apportioned among these parties.
The Standard of Professional Care
Each professional is measured against the standard of a reasonably competent member of their profession — what a careful, skilled professional would have done given the same circumstances. Departing from accepted professional standards, or failing to consult when expertise is beyond one’s competence, constitutes actionable negligence.
Statute of Limitations for Foundation Defects
The limitation period for construction defect claims under Israeli law ranges from 3 to 7 years depending on the type of claim. For latent defects like foundation problems that only manifest years later, the period begins when the defect was discovered or should reasonably have been discovered.
FAQ
Can I claim against the original professionals even if the building has changed ownership?
In many cases, yes — particularly for structural defects under the Sale of Apartments Law warranty provisions. The original contractor’s liability runs with the property.
The above information does not constitute legal advice. Contact Lev-Taieb Law Office for personalized guidance.
