Who wants to get tangled up in lawsuits? Most of us would rather resolve things in a way that keeps us out of the legal system altogether, and it turns out contractors feel the same way: most building inspection disputes end in an understanding between contractor and resident, since neither side wants a legal battle. But sometimes financial compensation is the right and necessary outcome.
That was the case for Tova from Rishon LeZion.
Soon after moving in, Tova noticed signs of dampness above the baseboards in her living room. She raised it with the contractor, who offered a few explanations, then sent a worker who scraped off the peeling, swollen plaster and repainted the walls. Surprisingly, that did not fix anything: the signs came back exactly two weeks later. Tova reached out to the contractor again, but this time got no response.
She brought in a building inspection expert to diagnose the problem. It did not take the engineer long to trace the swelling above the baseboards to wet sand in the flooring bed. Tova received an expert opinion describing the problem (including a record of the repair attempts, based on her account), the correct way to fix it, and a cost estimate. She handed the opinion to the contractor, who again failed to act.
On the engineer's advice, Tova was referred to a lawyer specializing in construction defects, who filed suit against the contractor. The court ruled that since the contractor's repairs had failed, Tova was entitled to bring in an outside professional to fix the dampness. The judge relied on the expert engineer's opinion and awarded Tova 57,000 NIS, covering the repair, damages for her distress, and court costs.
Arad Bedek Bayit has extensive, varied experience with construction-defect lawsuits over the years. As part of the engineering support we provide clients, we also offer engineering guidance for the legal process itself: based on what our inspection finds, we refer clients to the lawyer suited to their case. Lawyers are typically paid as a percentage of the award.
The engineers of Arad Bedek Bayit, led by building engineer Ron Arad, whom courts appoint as their own expert on construction defects. The company has been inspecting apartments and buildings since 2001. Engineer Ron Arad · More about the company