Court Orders Contractor to Pay Over 130,000 Shekels for Apartment Defects in Herzliya

In November 2020, Yinon purchased a five-room apartment on the fifth floor of a building on HaHadar Street in Herzliya, part of a Tama 38/1 project by Naot Herzliya Hadar 19. The apartment included a parking spot in an automated facility. Due to delays, the official handover occurred on March 11, 2021, after a contract addendum was signed. Shortly after moving in, Yinon discovered numerous defects, including missing shutters, uncovered electrical sockets, uninsulated plumbing, and cracks between walls and ceilings.

Yinon repeatedly contacted the contractor verbally, via WhatsApp, and through his lawyer, but claims he faced evasive responses and neglect. 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 parking use.

The contractor argued that Yinon failed to report defects promptly, preventing repairs, and claimed the engineering report was outdated and unreliable, attributing most issues to normal wear after three years.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 dispute the findings. The judge emphasized the court relies on presented evidence and is not an engineering expert.

The court also ruled that the contractor lost the right to self-repair due to repeated neglect and contradictory statements, including admissions of partial repairs and denial of timely defect notifications. Consequently, the contractor was ordered to pay Yinon 117,479 shekels for repairs plus interest from the lawsuit filing date, 18,000 shekels for distress damages, expert fees, court costs, and attorney fees, totaling nearly 135,000 shekels. The judge clarified the defects significantly impaired daily apartment use beyond mere aesthetic flaws.