In other words, the plaintiff admits that she is not entitled to any payment for 'supreme supervision' (at least at this stage), but claims that she is entitled to payment for 'delivery of work', which she sets at the sum of ILS 67,500, including VAT (15% of the consideration). According to the plaintiff, 'delivery of work' means the delivery of the planning work by the plaintiff.
In other words, the plaintiff's demand concerns payment for the 'delivery of work' component.
The defendant opposes the required payment, both on the grounds that it is not mentioned in the statement of claim, so that it constitutes an improper extension, and because the contractual interpretation that the plaintiff seeks to pour into the term 'delivery of work' is unacceptable.
According to the defendant, the meaning of 'delivery of work' is the termination of the work of the executing contractor and not the delivery of the planning work as claimed by the plaintiff; Therefore, and since the project has not been executed, in any case the stage of 'delivery of work' by the executing contractor does not take place, and it is clear that the plaintiff is not entitled to any payment in respect of this component.
In this dispute between the parties, I am of the opinion that the defendant has the upper hand.
- The statement of claim is silent regarding this demand of the plaintiff. It was argued there that the plaintiff would receive "an additional 20% for supreme supervision" in the future (paragraph 13 of the Sifa; my emphasis) without any mention of the element of 'work delivery'. Since this demand was not raised in the statement of claim itself, raising it at a later stage (for the first time in the hearing of February 4, 2025) constitutes an expansion of the front that cannot be accepted, and this is sufficient to reject the plaintiff's demand regarding this component.
- Above the need, it should be noted that the law of the demand should be rejected on its merits as well.
The defendant's interpretation of the contractual meaning that should be attributed to the words 'delivery of work' is consistent with the provisions of the contract, including what is stated in the second "and therefore" ("as well as the Supreme Supervision of the Execution of the Works"), Section 10.2.8 ("Examination of the works upon completion... and the provision of a certificate of approval to the client attesting to the completion of the work...") and clause 3 of Appendix C ("The payment of the planner's salary will be in accordance with the progress of the contractor's work in the field").