"2. The consideration to the planner for the planning work is ILS 384,615.00, not including VAT as defined (hereinafter: consideration)
Total = 385,615.00 ₪
VAT 17% 65,385.00 ₪
Total 450,000.00 ₪
- Payment Steps:
It is agreed that subject to clause 1 above, the payment of the planner's salary will be in accordance with the progress of the contractor's work in the field and as detailed below:
- Copied from NevoFinalization of the preparation of material for the tender 75%
- Job Delivery and Supreme Supervision 25% "
- There is no dispute that the plaintiff was paid by the defendant the sum of ILS 337,500, which constitutes 75% of the consideration in accordance with the agreement (references regarding the payment were attached to Appendix 2 to the defense). It should be clarified that in the lawsuit it was claimed that only ILS 225,000 was paid, but in the hearing on February 4, 2025, the plaintiff's attorney announced that "at the Gilad Junction we inadvertently missed the additional payment of approximately ILS 112,500" (p. 1, s. 20). The plaintiff's attorney also saw the words of the plaintiff's counsel in the hearing of November 2, 2025: "There is no dispute that the municipality paid 75%" (p. 39, para. 26).
- The issue that therefore remains for discussion is whether the plaintiff is entitled to additional consideration beyond the aforementioned sum paid to her (and see the words of the plaintiff's counsel at p. 39, para. 27 and the words of the defendant's counsel at pp. 27-29). In other words, is the plaintiff entitled to payment for the stage of "delivery of the work and supreme supervision", which is worth 25% of the consideration?
- In the hearing on February 4, 2025, the plaintiff's counsel stated (p. 1, paras. 24-34) -
"We admit that as of today, we are not entitled to supreme supervision after the project has not been implemented... In the appendix to the registered agreement (referring to Appendix C, section 3), it is stated that the second payment for the delivery of work and superior supervision is 25%, i.e., there is the delivery of work and there is supreme supervision. Supreme Supervision There is no dispute that as of today, we are not entitled to receive it, which is worth 10% of the project's amount. What remains in dispute is whether the delivery of the work that was actually performed by us... And I arrive at a formula of delivering work at the value of the remaining 15% for which we were not paid (ILS 67,500 including VAT), contrary to what was erroneously stated in the statement of claim in section 13."