- Sections
- P'ninat Mishpat
36
Ruling: Added expense of materials – Since this was not in def’s contractual obligation but he was asked to do so as a shaliach doing a service on pl’s behalf, pl is required to pay whatever reasonable price def paid for it (def provided valid receipts). Only if def had overpaid would pl have a claim (see Shulchan Aruch, Choshen Mishpat 182:3).
Charges for changes – The misunderstanding occurred largely because pl interacted with def’s workers rather than with him, and they suggested improvement without discussing price. On the one hand, it was wrong of def, who knew about the changes, to not inform pl of their cost, considering pl’s running a tight budget on the project. Although the contract mentions price modifications for changes, they should be clear. On the other hand, charges for changes to building projects are normal, and it is not always feasible to stop the work each time to negotiate its price. The majority of the dayanim put the onus on def, who is the professional in this matter. On the assumption that pl would not have wanted the improvements at the price def demands, def is considered like one who did work for another without permission. Although the property owner must pay for any benefit from the work, our case is considered like that of one who tells the worker to take back his additions, who is exempt from paying (Shulchan Aruch, CM 375:6). According to one dayan, def should not benefit without paying anything for it, and the idea of taking back additions does not apply here because it is unfeasible here to undo what was done, and therefore 30% of this claim should be accepted.

P'ninat Mishpat (766)
Beit Din Eretz Hemda - Gazit
671 - Did the Owner Exhaust his Opportunities? – part II
672 - Paying for Changes to Building Project –part I
673 - Paying for Changes to Building Project–part II
Load More

A Will To Bequeath Bank Accounts
Rabbi Yoav Sternberg | Tuesday, 3 Kislev 5768

When a Couple Both Want the House After Divorce
Various Rabbis | 4 Elul 5767

P'ninat Mishpat: Spillover of Courtyard Dispute
based on ruling 81059 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Tevet 5784

Where Could the Investment Money Go? – part II
based on ruling 80067 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Shvat 22 5782

Beit Din Eretz Hemda - Gazit

A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
Shvat 1 5782

Departure of an Uncle to Eretz Yisrael
Igrot Hare’aya – Letters of Rav Kook: Vol. I, #1 , p. 1-2 – part II
Tevet 21 5781

Repercussions of a Sale that Turned Out Not Happening – part III
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
18 Sivan 5784

Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
18 Sivan 5784

The Four “Exiles”
Rabbi Yirmiyohu Kaganoff | Tevet 13 5781

The Mitzva of Onah
Rabbi Eliezer Melamed | 15 Shvat 5784

Fasting on the Wedding Day
Rabbi Yirmiyohu Kaganoff | Sivan 9 5779

Were there Fasts in the time of the Second Temple?
Rabbi Yosef Tzvi Rimon | 5778

Daf Yomi Sanhedrin Daf 82
R' Eli Stefansky | 9 Adar 5785

Ask the Rabbi: Watching a Bar Mitzva Videoed on Shabbat
Rabbi Daniel Mann | Adar 5785

Daf Yomi Sanhedrin Daf 81
R' Eli Stefansky | 8 Adar 5785
