Engineering opinion on construction defects – When is it mandatory and who pays??
Many home buyers who discover construction defects ask themselves at an early stage: Do I need an engineering opinion? Can I just contact the contractor? And who should bear the cost?
acting, Engineering opinion It is often the most important tool available to the home buyer – and sometimes the difference between a dismissed claim and a verdict that entitles to significant compensation.
In this article, we will detail when an engineering opinion is mandatory (and when it is not), who pays for it, how the courts treat it, and what is the correct way to act – from the experience of Halevi Law Firm in Jerusalem, which specializes in assisting apartment buyers in construction defect claims.
What is an engineering opinion on construction defects??
Engineering opinion It is a professional document prepared by a building engineer, structural engineer or waterproofing expert, and includes:
Full details of construction defects
Identifying the source of defects (design, execution or materials)
Determining whether the defects can be repaired
Estimated repair costs
Sometimes – impairment assessment
This is an evidentiary document, not just a technical one.
Is an engineering opinion mandatory by law??
The law does not establish a formal obligation to include an engineering opinion – but The ruling effectively states that without an opinion, the chances of success are significantly lower..
The courts have repeatedly ruled that:
Claims for construction defects are claims of expertise.
The court cannot rely on personal impressions.
The burden of proving the existence and extent of the defect lies with the purchaser.
Therefore, in the vast majority of cases, an opinion is a practical condition for conducting the procedure.
When is an engineering opinion particularly necessary??
1. When there are hidden or complex defects
When the defect is not visible at first glance and requires engineering expertise to prove its existence.
2. When the contractor denies the existence of the defects
Claims such as “this is incorrect use” or “this is an accepted standard” fall flat when a reasoned professional opinion is presented.
3. When it comes to recurring defects
In cases of persistent dampness, cracks or sealing failures – the opinion proves that this is a fundamental failure.
4. When requesting monetary compensation rather than repair
Financial compensation requires a cost estimate, which cannot be done without an expert.
5. When requesting compensation for depreciation
Impairment requires a professional determination – usually by an engineer or appraiser.
Who pays for the engineering opinion??
Initial cost to the buyer
In most cases, the buyer pays for the opinion first to ensure its professionalism.
Cost reimbursement from the seller or contractor
In many cases, especially after a successful lawsuit, the court requires the contractor to bear the costs of the opinion as part of the costs of the proceedings.
Does the court appoint an expert on its behalf??
Yes. In most construction defect claims, the court appoints A neutral expert on his behalf.
However:
The buyer's opinion serves as an initial basis.
It affects the scope of the appointment
It influences the position of the court expert.
Waiving a private opinion in advance may significantly weaken the buyer's position.
Relevant ruling
ע”א 293/88 חברת יצחק ניימן להשכרה בע”מ נ’ רבי – It was determined that construction defects are a matter of expertise, and must be proven through an expert opinion.
ת”א (שלום י-ם) 36428-03-16 כהן נ’ חברת בנייה – Refund of the cost of an engineering opinion was ruled out as part of the compensation.
Engineering opinion versus appraisal opinion – What is the difference??
Engineering opinion – Focuses on defects and repair costs
Appraiser's opinion – Focuses on depreciation and asset value
Sometimes a combination of both is required, depending on the circumstances.
Common mistakes made by apartment buyers
Order a general, non-detailed opinion
Contacting an expert without legal experience
Postponing the review order until a later stage
Attempt to rely on images only
Frequently Asked Questions
Can a small claim be filed without an opinion??
Sometimes yes, but the risk of rejection is high – especially with complex defects.
Is one opinion sufficient for the entire procedure??
In most cases, yes, but it may need to be supplemented or updated.
Can the contractor provide a counter-opinion??
Yes, and precisely for this purpose, a professional and well-founded opinion is required.
Summary
An engineering opinion is a cornerstone in construction defect claims. It is not just a technical document – but a legal tool that decides cases.
If you have discovered construction defects in your apartment in Jerusalem and are wondering whether and how to act, it is recommended to seek early legal advice from: Halevi Law Firm in Jerusalem, who will be able to guide you both in choosing the right expert and in managing the procedure with the contractor – until your rights are fully exercised.
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