Court Orders Contractor to Pay Over $35,000 for Apartment Defects in Herzliya

In November 2020, Yinon purchased a five-room apartment on the fifth floor of a building on Hadar Street in Herzliya, part of a Tama 38/1 project by Naot Herzliya Hadar 19. The apartment included an automated parking space. Due to delays in receiving the occupancy permit (Form 4), the apartment was officially handed over on March 11, 2021. Shortly after moving in, Yinon discovered numerous defects, including missing shutters, uncovered electrical outlets, uninsulated plumbing, and cracks with moisture damage.

Yinon repeatedly contacted the contractor verbally, via WhatsApp, and through legal letters but faced evasive responses. In August 2023, two and a half years after taking possession, he commissioned an engineering report that identified dozens of defects and estimated repair costs at 93,983 shekels, rising to 117,479 shekels with an additional 25% for hiring an external contractor. He also sought 40,000 shekels in compensation for distress and loss of use of the parking space.

The contractor argued that Yinon failed to report defects promptly, preventing repairs, and claimed the report was unreliable due to its late timing, attributing most issues to normal wear after three years. However, Judge Wossam Jabara of the Kfar Saba Magistrate's Court rejected these claims, noting the contractor did not submit a counter engineering report and thus forfeited the chance to challenge the findings. The judge emphasized that the court is not an engineering expert and must rely on presented evidence.

Regarding the contractor's right to fix defects, the judge ruled this right is not absolute and can be lost if the contractor ignores complaints or denies responsibility. The contractor admitted to handling most repairs but also contradicted itself by claiming it was not notified in time. This pattern led the judge to conclude the contractor lost the right to self-repair.

Ultimately, the court ordered the contractor to pay Yinon 117,479 shekels for repairs plus interest from the lawsuit filing date, 18,000 shekels for distress, and additional legal and expert fees totaling nearly 135,000 shekels. The judge noted the defects significantly impacted daily apartment use beyond mere aesthetic issues.