| 1 |
You have
to be able to substantiate what you claim, objectively, whatever steps
you wish to take. Therefore an engineer’s report is really important.
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| 2 |
It is
also important to document all the steps you have taken to resolve
matters between yourselves before resorting to any other action. You
also have the duty to prove that you advised the kablan promptly of the
defect. Thus each request and complaint to the kablan should be in
writing. |
| 3 |
This may
seem obvious but slip-ups happen. Before sending a letter, make sure to
keep a copy. Copies of all letters, as well as any proof of delivery
such as a fax transmission slip, should be kept in a special file. |
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|
|
Here then, are many
of the steps you can take: |
| |
|
| 1 |
The
first step is to advise the kablan promptly, in writing, of the
complaint, with a request to repair the defects. Send a copy to
his lawyer as well. As said above, keep a copy and proof of
dispatch. As this first letter is very important, send this by
registered mail.
Even if you faxed a copy, send a further copy by registered mail. Keep a
copy of the letter and the registration slip. |
| 2 |
Follow
this up a few weeks later with a much stronger letter, giving notice
that if the repair work does not commence within a reasonable time (say
4 weeks), further steps will be taken without any other warning. You
may wish to mention some of the following steps that you intend to take. |
| 3 |
Advise your mortgage bank and ask them to assist
you as they have a financial interest in seeing that defects are made
good. |
| 4 |
Send a
copy of the first two letters to the kablan’s architect and engineer,
and to anyone who signed guarantee for the kablan (the bank and others
listed in the Contractors’ Register). All are responsible to see that
building defects are corrected. You may wish to remind them of this! |
| 5 |
If these
people do not exert sufficient pressure on the kablan to do his duty,
then you can file a complaint with the Contractors’ Registrar (Rishum
Kablanim), enclosing copies of the above letters and engineer’s report.
Demand that they investigate the complaint and when verified, that they
remove the contractor’s license if he continues to refuse or neglect to
do his duty. |
| 6 |
Write a
complaint to the Ministry of Housing and the Israel Lands Authority.
The kablan may depend on them for further projects and may be registered
with them as well. |
| 7 |
Keep
writing letters to the kablan and be a “nudnik”
(nuisance) so that the kablan would find it easier to fulfill his
responsibilities rather than shirk them. |
| 8 |
There is
a Small Claims Court (presently limited to claims not exceeding 17,800
shekels) which has speedy and relatively inexpensive procedures. For
example, the parties may not be represented by a lawyer unless the court
specially permits this. If you get a judgment, you can apply to freeze
all the kablan’s accounts at all banks. You may be able to attach the
owner’s private bank account. Before pursuing this option however,
consult with your attorney as this route might waive your right to sue
the builder in a regular court. |
| 9 |
If
all else fails, the last resort is to make a full claim in
Beit
Din or court.
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| |
This article
is for general information only. It does not constitute legal advice. If
legal advice is needed in any specific case, please consult your
attorney. |
