Identical agreements and undertakings are also found in clause 10.a.5 of the construction contract (Appendix 2 to Mr. Friedman's affidavit) and in clauses 29-31 of the Special Conditions Appendix (Appendix 3 to Mr. Friedman's affidavit). Identical agreements and undertakings also exist in the "Buyer's Price" tender in Kiryat Ono, see clauses 2.1.3-2.1.4 as well as clause 2.1.6 of the tender (Appendix 6 to Mr. Friedman's affidavit), clauses 14.1.15-14.1.16 and clauses 6 and 10a(5) of the construction contract (Appendix 7 to Mr. Friedman's affidavit) and clauses 27-28 and 30 of the Special Conditions Appendix (Appendix 8 to Mr. Friedman's affidavit).
For the sake of convenience, I will note that the rest of my reference to the legal conditions to which the appellant was subject, will be in relation to the Tirat Carmel tender, unless there is a difference between the tenders, in which case I will relate to it separately. In any event, if there is no separate reference, it means that identical clauses also exist in the Kiryat Ono tender.
- The winner of the "Buyer's Price" tenders was dictated by the state to a binding specification for the construction of the apartments, which cannot be deviated from, and it was also determined that for additions or changes requested by the tenants, the winner will not be entitled to charge for them. See clause 3.3.11 of the tender booklet of Tirat HaCarmel (Appendix 1), where it was determined:
"The Mehir LaMishtaken apartment will be built according to specifications that will not be less than the specifications that appear In Appendix C1 to the construction contract (hereinafter: "Binding Specification"), and the winner will not charge the eligible person (the purchaser) for changes in the binding specification and/or for an addition to the said specifications, This is from the date of signing the sale contract until the date of receiving possession of the apartment. "
Moreover, the tender booklet also stipulates that the apartment buyer will be able to waive certain items from among the items included in the mandatory specifications – kitchen cabinet, bathroom cabinet, water batteries, light points, plug housings and telephone points – in exchange for receiving a financial credit from the winning contractor. See clause 3.3.12 of the tender booklet. See accordingly identical provisions in clauses 4B and 5D of the construction contract and clause 15 of the appendix to the special conditions.
- It is possible to get an impression of the level of detail of the binding specification and the requirement to strictly comply with its provisions from reviewing it – see Appendix 4 to Mr. Friedman's affidavit, where it was even clarified in the preamble to the binding specification that:
"Wherever a specification is to be specified a type/model, etc., it is mandatory to specify a specific or specific type/model. Do not use general statements such as: "other", "according to the architect's choice", etc. "