תוכן עניינים
By: Adv. Moshe Taieb
Construction Defects in High-Rise Residential Buildings
Residential towers present unique legal challenges when construction defects arise. Unlike single-family homes, high-rises involve shared infrastructure, multiple unit holders, and complex questions about who bears responsibility for common area defects versus private unit defects. This important court ruling clarifies compensation rights for apartment owners in these buildings.
Lev-Taieb Law Office has extensive experience representing apartment buyers in residential towers facing defect claims.
Categories of Compensable Defects
The ruling distinguishes between several categories: structural defects affecting the building’s integrity (foundation cracks, load-bearing wall failures), functional defects affecting use (elevator malfunctions, parking system failures), aesthetic defects (finishing quality below contractual standards), and safety defects requiring immediate remediation.
Each category carries different compensation standards, with structural and safety defects typically receiving the highest awards.
Calculating Compensation
Israeli courts apply several methodologies: cost of repair method (what it would cost to fix the defect to contractual standard), diminution in value method (how much the defect reduces market value), and combined approaches where both elements are relevant.
The court emphasized that compensation should place the buyer in the position they would have been in had the apartment been delivered as contractually promised — not merely to a “livable” standard.
Common Area Defects: Who Claims?
For defects in common areas (lobbies, stairwells, parking structures, roof), the homeowners’ association (ועד בית) typically has standing to file collective claims. Individual unit holders may also have personal claims where common area defects specifically affect their apartment value.
FAQ
Can I claim for defects I discovered years after moving in?
Yes, if the defects were latent (hidden) and could not have been discovered with reasonable inspection at the time of purchase. The warranty period under Israeli law for structural defects extends to 7 years.
What if the contractor has gone bankrupt?
You may still have claims against the performance bond (ערבות בנקאית) provided at purchase, or against insurance policies. An attorney can identify available recovery paths.
The above information does not constitute legal advice. Contact Lev-Taieb Law Office for personalized guidance.
