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Contractor Who Abrogated the Terms of Employment

Question:

We hired somebody to redo our windows and put in bars. The cost was 14,000₪. One of the conditions was no Arab workers – only Jews.

A few weeks ago, Arabs came to measure the windows. We called the kablan and complained – he apologized and reaffirmed his promise of only Jewish workers.

So right now, a week later then it was supposed to be, there are Arabs installing windows in my apartment.

I have only given him 4,000 so far. Am I obligated to pay him in full when it doesn’t seem he’s keeping his end of the bargain? What should I do?

Answer:

If indeed the employment of the contractor was conditioned on the provision that he use exclusively Jewish workers, and the contractor abrogated that condition, you have no further obligation towards him vis a vis the said agreement. However, with regards to the work already carried out, you do have to compensate him according to the market value of said work, under the conditions it was carried out, i.e. using non-Jewish workers.

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