תוכן עניינים
Choosing the Right Court Forum for Your Construction Defects Claim
Before filing a lawsuit for construction defects, it is essential to identify the appropriate court. Israeli law provides three possible forums depending on the amount claimed:
- Small Claims Court – For claims up to 35,500 NIS. The process is simplified, attorney representation is generally not permitted, and fees are low. Suitable for minor defects with limited repair costs.
- Magistrates’ Court (Shalom Court) – For claims between 35,500 NIS and 2,500,000 NIS. This is the most common forum for construction defect disputes. Legal representation is permitted and advisable.
- District Court – For claims exceeding 2,500,000 NIS. Applicable in cases of severe structural defects or large residential projects.
Filing in the wrong court may result in dismissal of the claim or transfer to the correct forum, causing delays. It is therefore important to calculate the full value of your claim before filing.
Drafting the Statement of Claim
The statement of claim is the foundational legal document of your lawsuit. It must include the following elements:
- Details of the parties – Full name, identity number, and address of the plaintiff and defendant.
- Description of the property – Address, nature of the property (apartment, commercial space, etc.), and the date of purchase or delivery.
- Description of the defects – A detailed and factual account of each defect: its location, nature, and when it was discovered.
- Expert opinion – An engineering inspection report prepared by a licensed construction engineer, specifying the defects and the estimated cost of repair.
- Relief sought – The total monetary compensation requested, broken down by defect category.
- Legal basis – Reference to the applicable law, primarily the Sale (Apartments) Law, 5733-1973, and the Sale (Apartments) (Assurance of Investments of Apartment Purchasers) Law.
Procedural Steps for Filing the Lawsuit
- Prepare all supporting documents – Purchase agreement, handover certificate, correspondence with the contractor, engineering reports, repair estimates, and photographs of the defects.
- File the claim at the court registry – Submit the statement of claim together with all supporting documents and pay the court filing fee (calculated as a percentage of the claim amount).
- Service of process on the defendant – The court will arrange service of the claim on the contractor or developer.
- Defendant’s response – The defendant has 30 days to file a statement of defence.
- Preliminary hearing – The court schedules a preliminary hearing to clarify the issues in dispute and set a timetable for proceedings.
- Evidence and hearing – Parties submit written statements of evidence; the court then holds an evidentiary hearing at which witnesses are examined.
- Judgment – The court issues its judgment, which may include an order for monetary compensation and/or an order requiring the contractor to remedy the defects.
Important Tips Before Filing
- Send a formal written demand letter to the contractor before filing, giving them an opportunity to remedy the defects voluntarily. Courts generally view this positively.
- Retain a licensed construction engineer to document all defects thoroughly before filing. The engineering report is critical evidence.
- Be mindful of limitation periods: the limitation period for claims under the Sale (Apartments) Law may differ from the general 7-year limitation period.
- Consider whether pursuing arbitration or mediation before the courts may be a faster and less costly alternative.
Lev-Taieb Law Firm has 19 years of experience in construction defects litigation. We offer flexible payment terms and will guide you through every stage of the process. Contact us at 072-2428822.
