תוכן עניינים
Step 1: Send a Formal Written Demand
Before taking any legal step, you must send the contractor a formal written demand by registered mail. The letter must:
- List each defect with precise descriptions
- Set a reasonable deadline for repair (typically 30 days for ordinary defects, 3–7 days for urgent defects such as water leaks)
- State that failure to comply will result in legal action
Keep the postal receipt and a copy of the letter. This formal demand is a legal prerequisite for most court proceedings.
Step 2: Obtain an Independent Engineering Opinion
If the contractor ignores or disputes the defects, commission an independent licensed engineer to inspect the property and issue a written report. The report should document:
- The nature and extent of each defect
- The repair method required
- The estimated cost of repair
This expert opinion is essential evidence for any subsequent legal action and can also be used in mediation or negotiation.
Step 3: Repair Yourself and Recover the Cost
If the deadline passes without action, you may exercise the right to repair the defects yourself (through another contractor) and sue the original contractor for the full cost of repairs, including the engineering opinion fee. This is permitted under the Sale of Apartments Law and the Contracts Law (Remedies for Breach of Contract).
Step 4: File a Court Claim
You may file a claim in:
- Small Claims Court — for claims up to 35,500 NIS (no need for a lawyer, faster process)
- Magistrates’ Court (Shalom) — for claims up to 2.5 million NIS
- District Court — for claims above 2.5 million NIS
The claim should include repair costs, value reduction, alternative rent paid during the defect period, and legal fees.
How Lev-Taieb Can Help
Navigating a contractor dispute requires both legal knowledge and practical experience. The attorneys at Lev-Taieb handle construction defect cases from the first demand letter through full courtroom representation. Call us at 072-2428822 for a consultation.
