Inspection and warranty periods, notice to the contractor, an opportunity to repair, and expert opinions to prove construction defects.
Rights Against the Contractor: The Inspection and Warranty Periods
The Sale Law (Apartments) imposes liability on the contractor for defects and non-conformities with the standard, the specifications, and the building regulations: the inspection period, one year to 7 years from delivery of the apartment depending on the type of defect (plumbing, dampness, subsidence, peeling, and more), during which the burden of proof is on the contractor to show that the defect was caused by the purchaser's fault; and the warranty period, 3 additional years, during which the purchaser must prove that the source of the defect lies with the contractor. Hidden defects and fundamental non-conformities also give rise to causes of action beyond these periods.
The Rule That Decides Cases: Notice and an Opportunity to Repair
The purchaser must notify the contractor of the defects within a limited time from their discovery, and give the contractor a proper opportunity to repair them. A purchaser who repaired on their own without notice, or blocked the contractor, may lose some of their rights; a contractor who was given opportunities and failed in repeated repairs may lose the ability to insist on repairing the defects personally, and in appropriate circumstances it is possible to demand compensation and carry out repairs through others, subject to proof of liability and damage. Therefore: everything in writing, documented, and dated.
The Central Evidence: an Engineer's Expert Opinion
A defects claim stands on an expert opinion from a home inspection engineer: detailing the defects, references to standards, and repair costs. Alongside it: an appraiser's opinion regarding diminution in value (defects that cannot be fully repaired) and documentation of distress and alternative housing. The contractor will submit a counter-opinion on its behalf, and the court will usually appoint a decisive expert, so the quality of your first expert opinion determines the compensation threshold.
Representation in Construction Defect Claims
Israel Arama represents apartment buyers, individuals, groups of buyers, and house committees of condominium buildings (defects in the common property), in defect claims against contractors and developers. Contact us for consultation with the first home inspection.
Rights Against the Contractor: The Inspection and Warranty Periods — What Is Important to Know?
The Sale Law (Apartments) imposes liability on the contractor for defects and non-conformities with the standard, the specifications, and the building regulations: the inspection period, one year to 7 years from delivery of the apartment depending on the type of defect (plumbing, dampness, subsidence, peeling, and more), during which the burden of proof is on the contractor to show that the defect was caused by the purchaser's fault; and the warranty period, 3 additional years, during which the purchaser must prove that the source of the defect lies with the contractor. Hidden defects and fundamental non-conformities also give rise to causes of action beyond these periods.
The Rule That Decides Cases: Notice and an Opportunity to Repair — What Is Important to Know?
The purchaser must notify the contractor of the defects within a limited time from their discovery, and give the contractor a proper opportunity to repair them. A purchaser who repaired on their own without notice, or blocked the contractor, may lose some of their rights; a contractor who was given opportunities and failed in repeated repairs may lose the ability to insist on repairing the defects personally, and in appropriate circumstances it is possible to demand compensation and carry out repairs through others, subject to proof of liability and damage. Therefore: everything in writing, documented, and dated.
The Central Evidence: an Engineer's Expert Opinion — What Is Important to Know?
A defects claim stands on an expert opinion from a home inspection engineer: detailing the defects, references to standards, and repair costs. Alongside it: an appraiser's opinion regarding diminution in value (defects that cannot be fully repaired) and documentation of distress and alternative housing. The contractor will submit a counter-opinion on its behalf, and the court will usually appoint a decisive expert, so the quality of your first expert opinion determines the compensation threshold.
This information is for initial orientation about the service and contact process. It is not individual legal advice.
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