Force Majeure in Contractor Claims: What Courts Accept
When a contractor raises a force majeure defense to avoid paying delivery delay compensation, buyers often feel helpless. But Israeli courts apply a strict, narrow interpretation of force majeure. Here is what courts actually accept — and what they consistently reject.
What Courts Accept as Force Majeure
War and Security Emergencies
The Iron Swords War (2023) was recognized as force majeure for the period directly caused by the security situation — specifically: work stoppages under Home Front Command orders, mobilization of reservists that prevented work, and restrictions on work in border towns. Courts limit recognition to the period during which the delay was directly and causally linked to the security situation.
COVID Lockdowns
The periods during which an official ban on construction work was in force were recognized as force majeure. Once work resumed, continued delays are not recognized — courts rejected claims that COVID somehow extended beyond the official ban.
Unexpected Natural Disasters
An earthquake, flood, or truly unpredictable natural disaster that directly damaged the construction site may qualify as force majeure. The key word is “directly” — indirect effects are not sufficient.
What Courts Reject
Routine Contractor Management Problems
Courts consistently rule that contractor-chosen subcontractors are the contractor’s risk: “The contractor chose his subcontractors and assumed their risks.” Subcontractor failures, staffing shortages, or coordination problems are not force majeure.
Construction Material Shortages
Courts treat material shortages as a commercial business risk that a professional contractor is expected to anticipate and manage, including maintaining sufficient inventory. This is not force majeure.
Planning and Design Delays
Permit delays, municipality approval timelines, and design changes are described by courts as “regular processes known to every player in the construction sector.” Not force majeure.
Routine Weather Conditions
Rain, heat waves, wind — these are part of normal construction project planning and budgeting. Courts do not accept routine seasonal weather as force majeure.
Financial Difficulties
Under no circumstances is financial difficulty recognized as force majeure. Courts treat it as a commercial risk the contractor knowingly assumed.
How Courts Examine a Force Majeure Claim
Courts apply a three-part cumulative test: (1) the event was unexpected and outside the norm for the sector; (2) there was no reasonable possibility to prevent the damage; (3) there is a direct and causal link between the event and the delivery delay. All three elements must be satisfied simultaneously.
Courts tend to interpret force majeure narrowly to preserve the statutory protection the Sale Law provides to apartment buyers.
Consult an attorney before responding to any force majeure claim. A force majeure assertion does not automatically reduce or eliminate your compensation — each case must be examined individually on its merits. Lev-Taieb specializes in these claims and can evaluate whether the contractor’s defense holds up in court.
Contact Lev-Taieb
Call us at 072-2428822 or visit our delivery delay attorney page for a consultation.
