Homebuyer wins compensation after discovering dozens of construction defects
Missing shutters, uninsulated piping, cracks, and dampness—a court in Kfar Saba has ordered a contractor to pay compensation to an apartment buyer. The judge ruled that by ignoring the buyer's requests, the company forfeited its right to repair the defects itself.
In November 2020, Inon purchased a five-room apartment on the fifth floor of a building on Hadar Street in Herzliya from the company Naot Herzliya Hadar 19, which had carried out a TAMA 38/1 project there. The property included a parking space in an automated facility. Following a delay in obtaining Form 4 (occupancy permit), an addendum to the sales agreement was signed on March 11, 2021, and the apartment was handed over.
Shortly after moving in, defects began to emerge—ranging from visible issues like missing shutters and uncovered electrical outlets to hidden problems such as uninsulated solar piping and uneven joints between walls and ceilings. Inon contacted the company repeatedly via phone, WhatsApp, and legal correspondence, but reported that he was met with disregard and evasive responses.
In August 2023, approximately two and a half years after taking possession, Inon commissioned an engineering report. The expert identified dozens of non-conformities, estimating repair costs at 93,983 shekels, or 117,479 shekels if performed by an external contractor (a 25% premium). The plaintiff also sought 40,000 shekels in compensation for mental anguish due to the defects and the inability to use his parking space.
The contractor argued that the buyer had failed to report the defects in a timely manner, prevented the company from performing repairs, and that the engineering report was too delayed to be reliable, attributing most issues to reasonable wear and tear.
Judge Wassim Jabara of the Kfar Saba Magistrate's Court rejected these arguments. He noted that by choosing not to submit a counter-expert opinion, the defendant effectively waived its right to challenge the professional findings. The court, not being an engineering expert itself, based its ruling on the evidence provided, which remained largely uncontested.
Regarding the contractor's right to repair, the judge ruled that this right is not absolute and expires when a contractor ignores inquiries or repeatedly delays repairs. In this case, the defendant's manager admitted that the company had handled some repairs, contradicting the company's claim that it had not been notified of the defects in time. This pattern of behavior led to a justified loss of trust, and the judge ruled that the defendant had forfeited its right to perform the repairs.
Ultimately, the judge ordered the contractor to pay 117,479 shekels for repair costs, 18,000 shekels for mental anguish, plus interest from the date of filing. Including expert fees, court costs, and attorney's fees, the total judgment reached approximately 135,000 shekels.
