Construction Defects and Small Claims in Israel

CONSTRUCTION DEFECTS AND SMALL CLAIMS IN ISRAEL
Construction defects are defined as various types of faults, defects or failures that are usually discovered in apartments purchased from a contractor. These defects can significantly impair the value of the property, its integrity, appearance and the enjoyment of its users. Many homebuyers come across contractors who are indifferent to the problem and this situation and end up in a situation where they are facing a broken trough. In order to deal with construction defects in a good and correct manner, it is recommended to contact an expert and experienced real estate lawyer in order to ensure effective and prompt treatment of failures and hazards and to receive maximum compensation.
WHAT ARE CONSTRUCTION DEFECTS?
Construction defects are any improper condition and defect that is discovered in the apartment in relation to what was agreed and promised in the contract that deviates from the Israeli standard and for which it is possible to file a claim for compensation from the contractor. There are several defects that can be distinguished and defined as construction defects, for example: if the technical specification of the property was promised and agreed on ceiling height, wall width, etc., unlike the product - the finished property was delivered and actually received.
TYPES OF CONSTRUCTION DEFECTS THAT ARE COMMON
Aesthetic construction defects
Damage construction defects
Safety construction defects
Delay in delivery of the apartment
The legislature and the case law consider the need to protect buyers of real estate - apartments and offices from developers and contractors, while establishing a framework of laws between which one can find the Sale Law which establishes a system of debts between the contractor and the buyer. In this way, the legislature strengthens and complements the certainty and supervision of the purchasers. However, there are quite a few cases of developers and contractors who break the law and significantly infringe on the rights of purchasers.
FILING A CLAIM FOR CONSTRUCTION DEFECTS
WHEN TO FILE A CONSTRUCTION DEFECTS CLAIM?
There are construction defects of various types and in varying degrees of severity, ranging from minor and minor defects that can be repaired relatively easily to safety failures materials that pose a real life hazard. In most cases, construction defects can be repaired and if there was no malicious intent on the part of the contractor or seller, then it is possible to request that the defects be repaired at the expense of the contractor or seller. In cases where construction defects have been hidden or caused due to negligence, but their repair cost and severity are not particularly great, it is possible and recommended to file a small claim in the Small Claims Court accompanied by a lawyer who specializes in the field to get adequate compensation and make sure all defects and defects are repaired. When it comes to purchasing a new apartment - first hand from a contractor, already upon receipt of the key, it is important to make a delivery protocol where tenants have the right and opportunity to clearly and in detail list all the defects that are discovered in their new apartment.
WHAT ARE THE DEFECTS AND FAILURES THAT CAN BE GENERALIZED IN FILING A CONSTRUCTION DEFECTS CLAIM?
WHAT TO DO WHEN CONSTRUCTION DEFECTS ARE DISCOVERED?
It is important to notify regarding the construction defects that have been identified: cracks, greens, leaks and moisture damage, immediately upon the discovery of the construction defect, and it should be known that the statute of limitations is 7 years from the date of discovery of the damage.
It should be borne in mind that construction defects can be misleading because they may expand, develop and spread even long after they were first discovered. Therefore, when construction defects are first discovered, it is important to know and understand that there is no guarantee that no further defects will be discovered later on for which a claim will need to be filed.
CHECKED COMPANY AND EXPERT OPINION
SENDING A WARNING LETTER BEFORE FILING A CLAIM
FILING A CLAIM FOR CONSTRUCTION DEFECTS ACCOMPANIED BY A REAL ESTATE LAWYER AND EXPERT REAL ESTATE
The law firm and notary Hahn, specializes in accompanying and representing clients in a variety of cases and lawsuits in the field of civil law - commercial, real estate, construction defects and small claims, inheritances and wills, execution and more. The team of lawyers in our firm has experience and expertise in handling and managing complex cases, all while working tirelessly to achieve the desired legal result and exercise your rights. We are at your service and we will be happy to provide you with a professional answer to any question, inquiry and problem with a personal attitude, responsibility and dedication.
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