What to Do When the Contractor Is Late: 5 Immediate Steps
Apartment delivery has been delayed? Don’t panic — but don’t do nothing either. Here are five steps you should take right now to protect your rights and maximize the compensation you are entitled to under the Sale Law.
Step 1: Verify the Exact Contractual Delivery Date
Before anything else, review your purchase contract carefully. Look for the binding delivery date — some contracts include a “soft date” and a “hard date.” Check whether the contract contains grace period clauses or force majeure provisions. Compensation under Section 5A of the Sale Law is counted from 60 days after the contractual delivery date.
Step 2: Open a Documented File
Start collecting and organizing all evidence from this moment forward:
- All correspondence with the contractor (emails, text messages, letters)
- Construction site photographs with timestamps
- A written diary noting every relevant event
- All receipts for expenses caused by the delay (rent paid, storage, moving costs)
Good documentation is the foundation of a strong claim. The sooner you start, the better.
Step 3: Send a Formal Written Notice
Send the contractor a formal written notice (by registered mail and email) that:
- States the contractual delivery date clearly
- Notes that delivery has not taken place
- Requests a written update on the expected delivery date
- References your statutory rights under the Sale Law
This notice creates an official paper trail and demonstrates you are aware of your rights.
Step 4: Calculate Your Expected Compensation
Get a licensed appraiser to determine the reasonable rent for your apartment. Then calculate:
- Months 1–8 of delay: reasonable rent × 150% per month
- From month 9 onward: reasonable rent × 125% per month
- Add any proven additional damages (rent paid, storage, moving, distress)
Knowing the approximate amount you are entitled to helps you make informed decisions about the best course of action.
Step 5: Consult a Specialist Attorney
A specialist delivery-delay attorney will assess your specific circumstances, evaluate whether any force majeure claims raised by the contractor are valid, and recommend the correct track — negotiation, arbitration, or lawsuit. For smaller amounts, it may be worth filing in small claims court (up to 33,000 NIS without an attorney).
- Do not sign any “agreement to waive the delivery date” without first obtaining legal advice — you may be giving up significant rights.
- Do not accept the compensation the contractor offers without verifying it represents the full amount you are entitled to.
- Do not wait too long — documentation degrades over time and it becomes harder to reconstruct events.
Contact Lev-Taieb for a Free Consultation
Lev-Taieb specializes in delivery delay claims. We will review your contract, calculate your compensation, and advise you on the best path forward. Call us at 072-2428822 or visit our delivery delay attorney page.
