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Construction Defects and Delivery Delay: How to Claim Both Together
Many times, a buyer who receives their apartment with a delay also discovers construction defects. Both issues together create a combined claim that can yield significant compensation. Here is how to handle it correctly.
The Difference Between a Delay Claim and a Defects Claim
A delivery delay claim is based on Section 5A of the Sale Law. It calculates compensation at 150% of reasonable rent and does not require proving specific harm.
A construction defects claim is based on the Sale Law (Apartments) and the Contracts Law. It requires proving specific defects and the cost of repairing them, usually through an engineer or appraiser.
Both claims can be brought together in a single legal proceeding, which is worthwhile from the standpoint of efficiency and cost-effectiveness.
How to Document Defects for a Claim
- Photograph every defect clearly, with measurements where possible
- Hire a construction engineer or appraiser to provide a professional opinion
- Send the contractor a written list of defects with a repair demand
- Keep all correspondence with the contractor on the subject of defects
- Document every inspection and every response from the contractor
Delivery Protocol
On the day of handover, prepare a detailed delivery protocol. Record every defect found. The contractor must sign the protocol. If the contractor refuses to sign, retain a signed copy and send it by registered mail.
When Is It Worth Refusing to Accept the Apartment?
If the apartment contains material defects that prevent habitation, there is grounds to refuse to accept the apartment and continue accumulating delay compensation. Even so, a conditional acceptance with a defects protocol is usually preferable. Consult a lawyer before making the decision.
Combined Claim: The Total Compensation
In a combined claim, the compensation includes:
- Statutory delay compensation under the Sale Law
- Repair costs for defects according to professional expert opinion
- Diminution in apartment value due to defects that cannot be repaired
- Distress and inconvenience
The Lev-Taieb firm handles combined claims for delay and defects. For a free initial consultation, call 072-2428822 or visit the apartment delivery delay attorney page.
