Supreme court justice Daphna Barak-Times decided that a building contractor has no right to cause the requested changes to the draft housing requirement for the delay in the delivery of housing to the buyer, because it contradicts the law on the sale of residential properties.
The decision was rendered in an appeal filed by a couple from Kiryat-ATA to the district court’s decision on a claim it filed against the construction company «Spice of Bnia ve-Azamat».
According to The Marker, Ilana and David Shemesh received the keys of the apartment with a delay of seven and a half months. In accordance with the law, they went to court on small claims demanding compensation for the entire period of the delay, whereas the company paid compensation only for 3.5 months.
The contractor argued that, in accordance with the purchase agreement, he was entitled to delay for 2 months without compensation, and the additional delay in case the buyer asked to contribute to project changes.
The court of small cases ruled in favor of the buyers, however, the district court, in which the contractor appealed, reversed the judgment of the lower court. The Supreme court returns to consideration of the claim in the district court, but on new conditions.