תוכן עניינים
By: Adv. Moshe Taieb
Apartment Delivery Delay When the Buyer Failed Their Own Obligations
Not every case of delayed apartment delivery entitles the buyer to full compensation. This important ruling addresses the complex scenario where the buyer themselves contributed to the delay by failing to fulfill their own contractual obligations — most commonly, by delaying mortgage arrangement or payment of installments.
At Lev-Taieb Law Office, we regularly deal with disputes where buyers and contractors each claim the other caused the delay.
The Reciprocal Obligation Framework
Israeli contract law imposes obligations on both parties: the contractor to build and deliver on time, and the buyer to make timely payments and fulfill other conditions. When both parties contribute to delay, the court apportions responsibility based on the facts.
Practical Guidance
If you are in a delay dispute: document all payments made on time, preserve all communications about delay, obtain written confirmation of any delay-causing conditions you notify the contractor about, and consult an attorney before agreeing to any delay-related settlement.
FAQ
If I was late with one payment, do I lose all rights to delay compensation?
Not necessarily. The court examines whether your breach was material enough to justify the contractor’s delay. Minor payment delays that did not actually affect construction progress typically do not forfeit all delay compensation rights.
The above information does not constitute legal advice. Contact Lev-Taieb Law Office for personalized guidance.
