Court Orders Contractor to Pay Family $7,500 for Renovation Defects

A family in Rishon LeZion has been awarded NIS 27,183 (approximately $7,500) in damages from a contractor, Kfir Aqav, for construction defects following a renovation of their three-room apartment. The Langsted family hired Aqav in the spring of 2019 to renovate the apartment for their son, his wife, and children. While the family claims they agreed on NIS 90,000 plus NIS 40,000 for aluminum and bars, they ended up paying the contractor NIS 240,000. Aqav, however, demanded an additional NIS 151,177. No signed contract was presented by either party.

Judge Michal Bar of the Petah Tikva Magistrate's Court ruled on September 30 that Aqav must pay the family NIS 27,183 for defects and dismissed all of Aqav's counterclaims. The Langsted family, including parents Dorrit and Amir, son Lior, and daughter-in-law Chen, had sued Aqav and his wife, Mital. Their initial claim was for NIS 400,000, but they detailed damages totaling NIS 1,187,016, including a full refund of the NIS 240,000 paid, NIS 200,187 for repairs, NIS 200,000 for diminished property value, and compensation for distress, defamation, and products delivered without warranty.

Aqav's counter-suit sought NIS 231,177 for the remaining payment, distress, and defamation. The family alleged that the renovation, initially planned for 25 days, began with the destruction of walls, the bathroom, and plumbing systems, rendering the apartment unusable. They claimed to have paid NIS 60,000 early in the project under duress due to the contractor's alleged liquidity issues, and that subsequent prices for items like aluminum, water heaters, and shower cabins were significantly higher than agreed upon.

Aqav presented a different narrative, stating the agreed price was NIS 81,500 plus VAT, and the family requested additions worth NIS 229,000 plus VAT during the renovation. He claimed the lawsuit was intended to pressure him after he demanded the outstanding payment. The family countered that his suit was a baseless attempt to silence them.

Court-appointed engineer Arthur Weiss assessed the necessary repairs at NIS 20,183, plus NIS 7,000 for defects not worth fixing. The judge adopted these findings, noting the lack of a written contract and reliance on unsigned work lists and extensive correspondence. The court found that while a height difference near the entrance door exceeded standards, it did not justify re-tiling the entire apartment. The family was awarded NIS 5,000 for minor grout spacing issues and NIS 3,000 for plastering, as a full ceiling defect was not proven. The judge ruled against a full refund, stating the work was done and the apartment was inhabited, and that the family had only themselves to blame for not formalizing the agreement. Claims of fraud were not proven, and the family's claims for diminished value, distress, and defamation were dismissed due to lack of evidence. The suit against Aqav's wife was also dismissed as the contract was solely with him.

The court found Aqav failed to provide evidence for his counterclaims, including receipts for the NIS 240,000 received and documentation for the additional work he claimed. The judge stated that expecting the court to sort through hundreds of pages of correspondence to determine costs was unreasonable. The court also noted that a contractor undertaking extensive renovations should formalize agreements in writing, not rely on verbal understandings. Aqav's defamation claim was also rejected for lack of specificity. The ruling did not address whether Aqav was a registered contractor, a point raised by the family. Despite the family's partial success, the judge did not award them legal expenses, citing that the awarded amount was a fraction of their claim and many allegations lacked proof. The apartment was sold for approximately NIS 350,000 more than its purchase price about six months before the evidence hearing.