Construction defects in a new apartment in Jerusalem – when can a claim be filed against the contractor?

Construction defects in a new apartment in Jerusalem – when can a claim be filed against the contractor??

Purchasing a new apartment from a contractor is one of the most significant transactions in a person's life. Unfortunately, many apartment buyers in Jerusalem discover shortly after receiving the key that the apartment they were provided with contains serious construction defects, which harm the quality of life, the value of the property and sometimes even safety.

What are construction defects??

Definition and specification

Construction defects are defects or inconsistencies between the apartment promised in the contract and in the technical specifications and the apartment actually delivered.
Common breakdown of construction defects:

• Dampness, leaks and mold in the walls and ceiling

• Cracks in the walls, floor, or ceilings

• Sealing defects in balconies and wet rooms

• Defects in the electrical or plumbing system

• Crooked flooring, damaged cladding, substandard doors and windows

• Deviations from specifications and plans

What does the law say about contractor liability??

Inspection and warranty periods

חוק המכר (דירות), תשל”ג–1973, imposes clear liability on the contractor for construction defects:

• Test period – The contractor must correct any defects discovered during this period.

• Warranty period – The burden of proof shifts to the contractor.

הקבלן אינו יכול להתנער מאחריות בטענה ל”בלאי סביר”, במיוחד בדירה חדשה.

What can be demanded from the contractor??

Corrections and compensation

An apartment buyer is entitled to demand from the contractor:

• Repair of defects at the contractor's expense

• Financial compensation for the decline in the value of the apartment

• Reimbursement of expenses such as an engineer, opinions, and alternative housing

• Compensation for mental anguish

In cases where the contractor does not correct or ignores the complaints, a complaint can be filed. Legal action in court.

The importance of having a construction defects lawyer in Jerusalem

How a lawyer helps

Treating construction defects requires legal and engineering knowledge. Experienced Real Estate Lawyer in Jerusalem Can:

• Refer to a specialist engineer

• Review the sales contract and legal documents

• לנהל מו”מ עם הקבלן

• File a lawsuit in court and maximize compensation

 If you purchased an apartment from a contractor in Jerusalem and encountered construction defects – don't be alone.   

Contact us For early legal advice that may save time, money and heartache.