Widow to Pay for Builder's Defects After Inspector Dies
Translated & summarized from Bizportal by baba
A homeowner in Hadera was awarded NIS 217,500 for moisture damage to his home. The court ruled the deceased construction inspector was responsible, and his widow must pay most of the award from his estate. A claim against an architect was dismissed.
The story in 5 lines · by baba
- Homeowner awarded NIS 217,500 for home moisture defects.
- Deceased inspector's widow must pay most of the award.
- Claim against architect dismissed; homeowner to pay his fees.
- Court rejected claim for psychological property devaluation.
- Inspector used architect's stamp without permission.
A homeowner in Hadera has been awarded NIS 217,500 (approximately $58,000 USD) in damages for significant moisture-related defects in his home, which first appeared during the first winter after construction. The Hadera Magistrate's Court ruled that the builder's construction inspector, who has since passed away, was primarily responsible for the faulty work. The homeowner had initially sued for NIS 862,219, citing the defects and a claimed property value decrease of over NIS 1.1 million.
The court ordered the widow of the deceased inspector to pay five-sixths of the awarded sum, as this portion represents her inheritance from his estate. The remaining portion of the judgment covers emotional distress. The lawsuit against an architect, initially named in the construction agreement, was dismissed entirely. The homeowner was ordered to pay the architect NIS 60,600 in legal fees and expenses, as the court found the claim against him baseless and an attempt to create a cause of action after the inspector's death.
The homeowner and his partner signed an agreement in November 2014 to build a house with two housing units for NIS 1.1 million plus VAT. The agreement listed "Moran Architecture and Engineering," architect Michael Davidov, and Robert, the construction inspector, as the "contractor." Robert signed the agreement alone, using Davidov's business stamp. The family moved into the house in April 2016, and moisture issues emerged that same winter. Robert's attempts to fix the problem were unsuccessful, and he died in March 2018.
The court rejected the homeowner's claims against the architect, finding his testimony weak and unconvincing. The judge noted that Robert had used Davidov's company stamp without permission and that the homeowner had failed to conduct due diligence on who he was signing the contract with. The homeowner's own actions, such as directing all complaints to Robert for years and only contacting Davidov much later, also weakened his case.
The court dismissed the claim for "psychological" devaluation of the property, stating that such damages are not recognized in law if the defects are fully repaired. The court's expert estimated the repair costs at NIS 167,310, while the homeowner's expert, who was deemed unqualified, estimated higher. The final award was calculated based on the court's expert assessment, with additions for contractor premiums and engineering supervision, plus compensation for emotional distress.