Construction Defects Attorney: How to Obtain Full Repair or Compensation from the Contractor
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Did you purchase a new apartment and discover defects? Dampness in walls, cracks in floors, faulty plumbing systems, sealing problems, deviations from the permit plan? These are not just nuisances – they are legal rights protected by law. The Israeli Sale Law (Apartments) imposes clear responsibility on the contractor to repair defects or provide financial compensation. Legal representation includes contract analysis, professional apartment inspection guidance, engineering expert opinion, demand letter to the contractor, and in cases where the contractor does not cooperate, managing legal proceedings through to judgment or settlement.
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The Legal Framework: Israeli Sale Law (Apartments)
Inspection and Warranty Periods
The Israeli Sale Law (Apartments), 1973, establishes two main periods during which the contractor bears responsibility for defects. The inspection period ranges from one to seven years, depending on the type of defect: one year for equipment and finishing defects, two years for electrical system failures, three years for window sealing and stair cracks, five years for plumbing problems and dampness, and seven years for serious structural damage. The warranty period continues for an additional three years beyond the inspection period, during which the burden of proof shifts to the purchaser.
Obligation to Notify the Contractor
The purchaser must notify the contractor about defects in writing, within a reasonable time from their discovery. An organized notice, accompanied by photographs and documentation, is the first and crucial step in the process. Without written notice, the contractor may claim they were not given the opportunity to repair.
Contractor’s Right to Repair
The law grants the contractor the primary right to repair the defects themselves, within a reasonable timeframe. If the contractor refuses, ignores, or performs inadequate repair, financial compensation can be demanded to enable repairs through another contractor. See also: Compensation for Construction Defects.
Most Common Types of Construction Defects
Dampness and Mold
Dampness is one of the most common and expensive problems in new apartments. It originates from sealing failures in the roof, exterior walls, windows, or plumbing. Untreated dampness leads to mold, paint damage, furniture damage, and even health problems.
Cracks and Structural Defects
Cracks in floors, walls, and ceilings may indicate serious structural problems. It’s important to distinguish between aesthetic cracks and structural cracks requiring immediate attention.
Deviations from Permit Plans
Often the delivered apartment differs from what was agreed in the contract and permit: smaller area, different layout, different finishing than promised. These are considered defects eligible for compensation.
Plumbing and Electrical Problems
Low water pressure, non-standard plumbing, drainage problems, faulty electrical wiring, and malfunctioning outlets are common defects that the contractor is obligated to repair.
Finishing and Construction Quality Failures
Cracked tiles, uneven flooring, doors that don’t close properly, peeling paint, and kitchens that don’t meet specifications are defects that should be demanded for repair.
Engineering Expert Opinion: The Foundation of Every Claim
The core of a construction defects case is an expert opinion from a construction engineer or real estate appraiser. The engineer conducts a thorough inspection of the apartment, documents the defects, estimates repair costs, and assesses the decrease in property value. A professional and organized expert opinion fundamentally changes the negotiation position with the contractor and the prospects of court proceedings. See: Engineering Expert Opinion in Construction Defects.
What Does Compensation Include in Construction Defects Claims?
- Repair costs: Cost of performing all repairs by an external contractor
- Decrease in property value: When defects cannot be fully repaired
- Pain and suffering: Compensation for suffering, trouble, and distress
- Incidental expenses: Engineering fees, alternative housing costs during repairs
- Liability toward building committee residents: For defects in common property
Why Choose Lev-Taieb Law Firm?
- 19 years of experience in civil litigation
- Network of certified engineers for professional expert opinions
- Experience in mediation and arbitration and in court
- Flexible payment terms
- Initial consultation without commitment
Case Handling Process
In the initial meeting, we examine the sales contract, land registry document, permit plans, and known defects. We then coordinate with a construction engineer to perform a comprehensive apartment inspection. After receiving the expert opinion, we send a detailed demand letter to the contractor. In most cases, a settlement is reached without court proceedings, but when the contractor refuses, we lead the case through to judgment.
Frequently Asked Questions About Construction Defects
How long do I have to sue for construction defects?
A construction defects claim expires within 7 years from the apartment delivery date. However, the contractor must be notified of defects within the relevant inspection period, and then a claim must be filed within one year of the warranty period’s end. It’s recommended to act as soon as possible.
Is an engineering expert opinion required before filing a claim?
Yes. An expert opinion from a certified engineer is the foundation of every construction defects claim. Without a professional expert opinion, it’s very difficult to prove the defects, their cause, and repair costs. See: Engineering Expert Opinion in Construction Defects.
What to do when the contractor doesn’t repair?
When the contractor doesn’t respond to the notice, refuses to repair, or delays, a financial compensation claim can be filed to enable repairs through another contractor. In urgent cases, a court order can be requested. See: Irreparable Construction Defects.
Is it possible to sue for decreased value as well?
Yes. In addition to repair costs, compensation can be claimed for decreased property value resulting from defects that cannot be fully repaired. An appraiser or engineer determines the rate of value decrease.
Is it possible to sue even when the apartment was purchased second-hand?
Yes, if within the inspection and warranty periods. The rights transfer with the apartment sale.
How long does a construction defects claim process take?
A case ending in settlement can conclude within 6-12 months. A case reaching judgment can take 2-4 years. Proper negotiation management and appointing an agreed arbitrator can shorten the process.
What’s the difference between court proceedings and arbitration?
Arbitration is an expedited process conducted outside court, usually faster and more economical. Many sales contracts include an arbitration clause. Arbitration can also be conducted without a contractual clause, with both parties’ consent.
Is it possible to sue for pain and suffering as well?
Yes. Compensation for pain and suffering, trouble, and distress caused by defects and process delays is recognized in case law. Usually, these are amounts added to repair costs.
Can the contractor reject my notice?
The contractor can claim the defect was caused by purchaser negligence, natural wear and tear, or that the defect occurred after the inspection period. A certified engineer’s expert opinion and proper early documentation protect against these claims.
What to do before receiving keys?
Before signing the delivery protocol, it’s recommended to conduct a comprehensive apartment inspection with your own engineer. Every defect documented in the delivery protocol at the time greatly facilitates the claim process.
Is it possible to file a claim against an architect as well?
Yes. An architect who designed a faulty plan, negligently supervised construction, or approved defective work may bear additional personal liability beyond that of the contractor.
Is there a difference between a Magistrate Court claim and a District Court claim?
Yes. Claims up to 2.5 million shekels are filed in Magistrate Court. Claims above this amount are filed in District Court. Many construction defects claims are filed in Magistrate Court, but claims by building committees in large buildings sometimes reach District Court.
Ready to Start Examining Your Case?
Did you discover defects in your new apartment? Contact us for an initial consultation without commitment. We’ll examine the legal situation and explain the steps to take. Related areas worth knowing: Engineering Expert Opinion in Construction Defects, Construction Defects in Common Property, Class Action for Construction Defects, Irreparable Defects.
