No. A lawyer can appear in any court in Israel. The advantage of a nearby lawyer is convenience for meetings and handing over documents.
Construction defects lawyer in Rehovot, Ness Ziona and Rishon LeZion
Have you found damp, cracks, faulty flooring or defects in the common property of a new apartment in the area? The office is in Ness Ziona and handles construction defects cases in Rehovot, Ness Ziona, Rishon LeZion and nearby towns, from the first letter to the contractor through to judgment.
In brief: document every defect, notify the seller in writing, give it a fair opportunity to repair (section 4B of the Sale (Apartments) Law) and check the inspection and warranty periods (section 4 and the Schedule). A monetary claim is, as a rule, time-barred after seven years (section 5(1) of the Prescription Law), counted from delivery of the apartment (section 6, and LCA 830/06 Gelman v. Cohen Development-Dra'ad). For a latent defect, time may start on the day of discovery (section 8), and the period from 7 October 2023 to 6 April 2024 is not counted (section 15A).
When should you contact a lawyer?
When the contractor does not repair or repairs only partly, when a defect returns after repair, when you are asked to sign a waiver or a "completion of repairs" confirmation, or when the inspection or prescription deadline is approaching.
A full explanation of how we work, the engineering opinion and what can be claimed is on the construction defects lawyer page. The inspection periods for each type of defect can be calculated with the inspection and warranty period calculator.
Who is the claim filed against?
A claim under the Sale (Apartments) Law is filed against the seller, meaning whoever sold you the apartment under the contract. Where the construction was carried out by a different main contractor, it can also be sued, in tort.
In new projects in the area, as elsewhere in Israel, the developer that signed the sale contract and the contractor that actually built are sometimes different companies. Check the contract and the land registry extract to see who the seller is, and consider joining the main contractor as an additional defendant. More in the article compensation in a construction defects claim.
How long do you have to sue?
As a rule, seven years from delivery of the apartment (sections 5(1) and 6 of the Prescription Law). Notice to the contractor and the inspection period do not stop the clock, so you need both to give notice in time and to sue in time.
In LCA 830/06 Gelman v. Cohen Development-Dra'ad (2 April 2008), the Supreme Court held that in a non-conformity claim against an apartment seller the cause of action arises on the date possession is received, and that there is no link between the running of prescription and the duty to notify the contractor. Where the defect was latent and could not have been discovered with reasonable care, time runs from the day it was discovered (section 8 of the Prescription Law).
The war period is not counted: under section 15A of the Prescription Law, the period from 7 October 2023 to 6 April 2024 is not counted in the prescription period of a claim that does not concern land and had not become time-barred by 25 January 2024. For anyone whose clock started before 7 October 2023, the last day to sue is pushed back by about six months. Details in the article prescription in construction defects claims.
Defects in the common property: who sues?
Where the same defect affects several apartments or the common property, such as the roof, car park, lobby or shared systems, it is usually better to act through the building's representative committee rather than each owner alone.
In a case handled by the office, CC (Bat Yam Magistrates') 2520-01-17, the committees of three buildings in Rehovot and about 100 purchasers sued the developer over defects in the common property. The proceedings ended in a settlement given the force of a judgment (14 December 2021), and the committees undertook to carry out the repairs according to the court expert's opinion. Details on the construction defects page. Every case turns on its own facts, and the outcome of one case does not indicate the outcome of another.
On how to sue for defects in the common property: construction defects claim for the common property.
Which court do you file in?
Under regulation 7(a) of the Civil Procedure Regulations, 2018, the claim is filed in the court for the area of the defendant's residence or place of business, or of the act or omission on which the claim is based. If the sale contract contains a jurisdiction clause, check it, because a claim is filed in the court the parties agreed on.
Where there are several defendants, the claim can be filed in a court that has jurisdiction over one of them (regulation 7(c)). For example, the claim by the three buildings in Rehovot described above was heard in the Bat Yam Magistrates' Court. The amount claimed determines whether the case is heard in the Magistrates' Court or the District Court.
What do you do, step by step?
Document, give written notice, allow an opportunity to repair, obtain an engineer's opinion where the repair was not made or did not succeed, and sue before prescription runs out.
| Stage | What to do | What to keep |
|---|---|---|
| Delivery of the apartment | Inspect the apartment and the delivery protocol, preferably with a professional | A signed copy of the protocol, photos |
| Discovering a defect | Photograph it and notify the seller in writing | The date of discovery, proof of sending |
| Opportunity to repair | Coordinate a date and document every visit | Records of repair visits and the contractor's replies |
| Recurring defect or partial repair | Engineer's opinion and a warning letter | The opinion and receipts |
| No settlement | Claim | All the documents above |
Wording and a generator for a letter to the contractor: letter to the contractor about construction defects. On the opinion: engineer's opinion in a defects claim.
The contractor asks you to sign a waiver
Do not sign before the wording is checked. Under section 7A(b) of the Sale (Apartments) Law, a waiver of rights relating to a non-conformity, which the seller made a condition for carrying out repairs or for making the apartment available to the buyer, is void. But a settlement signed voluntarily may be binding.
A broad "settlement and discharge" wording may also cover defects that have not yet been discovered. So it is worth having any such document checked before signing.
What should you bring to the meeting?
The sale contract and specification, the delivery protocol, dated records of the defects, correspondence with the contractor, and an engineering opinion if one has already been obtained.
- The sale contract, the specification and the changes annex.
- The delivery protocol.
- Photos and records of the defects, with dates.
- Letters, messages and the contractor's replies.
- An engineering opinion, if there is one.
Meeting and cost
Meeting: at the office at 17 Tzahal Street, Ness Ziona, by appointment. You can send the contract and the delivery protocol for review in advance.
Cost: the fee is set in a written fee agreement, after the case has been reviewed. Court fees and expert opinions are paid separately.
Questions and answers
Do I need a lawyer from the area?
How long do I have to sue a contractor for construction defects?
As a rule, seven years from delivery of the apartment (sections 5(1) and 6 of the Prescription Law). For a latent defect, time may start on the day of discovery (section 8), and the period from 7 October 2023 to 6 April 2024 is not counted (section 15A).
The inspection period has ended. Can I still sue?
Not necessarily too late. A defect you reported within the inspection period that was not repaired remains a cause of action, as long as the prescription period has not passed.
Can I get a meeting in Ness Ziona?
Yes, at the office at 17 Tzahal Street, Ness Ziona, by appointment.
Need a lawyer or a notary?
A short initial consultation call, to understand whether and how we can help.
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