Letter to the contractor about construction defects: what to write, and a letter generator

Contractor notice letter generator

Why in writing?

The Law does not prescribe a form for the notice, but in a dispute you must prove when it was given and what it said. An oral notice to a representative on site, or a conversation with the site manager, is not a notice that can be proved two years later. A dated letter setting out the defects solves the problem.

The notice has a further function: under section 4B(b), the two years within which it is examined whether a defect has recurred after repair are counted from the date of the notice. Without a documented notice date, it is difficult to exercise the right to repair at the contractor's expense.

What should the notice include?

• Details of the purchaser and the apartment, and the date of delivery.
• A list of the defects: what, where, and when each one was discovered. As specific as possible.
• Photographs, as an appendix or a link.
• A request to schedule a date for repair, in order to give the contractor the reasonable opportunity to repair that the Law requires (section 4B(a)).
• Contact details for scheduling, and a reservation of rights.

To whom to send it, and how

To the company that sold you the apartment, that is, the seller under the contract, even if the construction was carried out by another contractor. Check the contract for the address to which notices must be sent. Send it in a way that leaves proof: registered post, or email to the address in the contract with confirmation of receipt, and keep a copy.

What happens after the letter

• Allow the contractor to come and repair, and document every visit: the date, what was done, and what remains.
• Do not sign a "completion of repairs" form or a waiver without checking. Under section 7A(a) of the Law the provisions of the Law may not be contracted out of except in the purchaser's favour, but signing such a confirmation may complicate proof later on.
• If the contractor does not respond, or the defect recurs, this is the time for an engineer's expert opinion and a demand letter from a lawyer before suing. This is discussed in the article Demand letter before a lawsuit.

When is it better for the letter to come from a lawyer?

When the defects are numerous or material, when the inspection period for an important item is about to expire, when the contractor has already rejected the demand, or when the residents' committee is acting on behalf of the whole building. In such situations the letter is part of building the case, and it is worth drafting it together with the expert opinion.

About the author

Amos Ilan, Advocate, is a lawyer (Bar No. 35320) and a notary (licence 214444). The office is at 17 Tzahal Street, Nes Ziona, and handles real estate transactions, construction defects, condominium disputes and civil litigation. Alongside his legal work he has practical knowledge, not based on formal training, of engineering, appraisal and electrical and building systems, and he personally conducts the cross-examination of experts in construction defects cases.