Apartment’s owners filed a lawsuit against the contractor for compensation for the many deficiencies discovered in the assets. Despite numerous letters and messages served by the tenants on the contractor the contractor ignored them and did not fix the deficiencies. The contractor argued that it wishes to fix the deficiencies by itself, and because that the property has been sold it is no longer responsible for any of the claims of the previous owners.
The court held that due to the contractor ignoring the requests of the assets owners at first and due to the refusal to give them a proper solution the contractor lost the right to fix the asset by itself and the assets owners can do it with any other contractor and claim the costs. The Court also held that the contractor’s responsibility to fix the deficiencies is also to the sub-purchaser and it does not derogate from its responsibility to the original purchaser.