Hebrew | Francais

Search


> > Archive

Shabbat Parashat Miketz 5780

P'ninat Mishpat: Delays of a Contractor part II

(based on ruling 76045 of the Eretz Hemdah-Gazit Rabbinical Courts)

Case: The defendant (=def), a company that bought a property, hired the plaintiff (=pl), a metal worker, to build there a light-material warehouse, which they rented out to a business (=re), which would start paying when the warehouse was ready. The work contract, for 260,000 shekels, was signed on July 8 and states that pl is to finish within a month and a half. Def gave pl a down payment check of 100,000 shekels, but it bounced and was replaced two weeks later. The work could not start until someone else built cement foundations, which occurred on Sept. 9. Pl finished the work only on Dec. 14. Pl demands that def finish the payments (76,361 shekels) and pay for improvements requested after the contract was made (4,000 shekels). Def is countersuing because pl finished the job late, which cost them lost rent (30,000 shekels). Also, pl refused to work when def’s subcontractors had Arab workers at the site. This threat forced def to spend more money on workers. Pl says that this was necessary because of a recent spate of terrorist attacks. 

 

Ruling: Regarding as of when pl should have finished the job, although the contract stated a month and a half from the time of the agreement, both agreed that they meant from the time it was possible to work. The pouring of cement was on Sept. 9, and pl claims that it requires two weeks to dry; def says it takes less time. There is no need to hire an expert to decide, because this juncture was anyway too early to start counting for a different reason. Since def’s check for down payment bounced, he could not demand of pl to start working. Even if def’s claim, that pl was busy with a different job, is correct, pl cannot be expected to not work elsewhere when def was effectively not paying him. Therefore we “start the clock” only from Sept. 21, when the payment finally went through.

Once this time of year came, pl is correct that days can be taken off for the chagim and then for rainy days. Since pl is a religious man, he is allowed to take off erev Yom Tov without consequence, even if most people in the market do work then. Pl claims additional days because of work that re asked him to do, which def agreed to. We reject accept def’s claim that this should be on the time of pl because re’s request that def approved is considered like def’s request.

Therefore, the amount of time that pl was late according to the contract is 15 days, and they are required to compensate def 9,000 shekels for rent not received. There were further adjustments based on the fact that pl did not finish all the work required, based on which pl has only 40,515 shekels coming to him. 

Top of page
Print this page
Send to friend


Dedication

We daven for a complete and speedy refuah for:

 

Nir Rephael ben Rachel Bracha

Refael Yitchak ben Chana

Netanel Ilan ben Sheina Tzipora

Netanel ben Sarah Zehava

Meira bat Esther

Yair Menachem ben Yehudit Chana

Rivka Reena bat Gruna Natna

Lillian bat Fortune

Yafa bat Rachel Yente

Eliezer Yosef ben Chana Liba

Ro'i Moshe Elchanan ben Gina Devra

Esther Michal bat Gitel

Yehudit Sarah bat Rachel

 

Together with all cholei Yisrael

 

Hemdat Yamim is dedicated

to the memory of:

those who fell in wars

for our homeland

 

Eretz Hemdah's beloved friends

and Members of

Eretz Hemdah's Amutah

 

Rav Shlomo Merzel z”l
Iyar    10

 

Rav Reuven Aberman z"l

Tishrei 9  5776

 

Mr. Shmuel Shemesh  z"l
Sivan 17 5774

 

R' Eliyahu Carmel z"l

Rav Carmel's father

Iyar 8  5776

 

Mrs. Sara Wengrowsky

bat R’ Moshe Zev a”h.

Tamuz 10    5774

 

Rav Asher Wasserteil z"l

Kislev 9 5769

 

RMeir ben

Yechezkel Shraga Brachfeld z"l

 

RYaakov ben Abraham & Aisha

and

Chana bat Yaish & Simcha

Sebbag, z"l

 

Rav Yisrael Rozen z"l
Cheshvan 13, 5778

 

Rav Benzion Grossman z"l
Tamuz 23 5777

 

Rav Moshe Zvi (Milton)

Polin z"l

Tammuz 19 5778,

 

R' Abraham Klein z"l

Iyar 18

 

Hemdat Yamim
is endowed by Les & Ethel Sutker
of Chicago, Illinois
in loving memory of
Max and Mary Sutker
and
Louis and Lillian Klein, z”l

site by entry.
Eretz Hemdah - Institute for Advanced Jewish Studies, Jerusalem All Rights Reserved | Privacy Policy. | Terms of Use.