I am a religous Jew and a residential home builder. I am going to contract to build a home with another observant Jew. He wants to add a clause that we will bring any disagreement to a beis din. I agree with this but want to protect myself from the possibility of it taking a long time to resolve a dispute. For example, if he decides not to pay final payment I would not want to wait months as I would have to pay my employees/subcontractors etc. Would it be halachically ok as well as protect myself to add a clause that says basically, “If there is a dispute we agree to go to beis din but matter must be resolved within 30 days.” Thank you in advance for your help. I am open to any further thoughts or suggestions.
Answer:
Your clause is possible, but not necessarily practical: What happens if the matter is not resolved within 30 days? How can the clause be enforced?
You can add a clause that if the arbitration takes longer than 30 days, the artibration is null, and such and such a rabbi will decide the case (going to a single rabbi for arbitration is not really recommended, but it is usually quicker than a beis din).
I am not sure that you need to worry about this. If beis din is told of urgency, they usually give a pesak in a relatively short time (at least the batei dinim I know in Israel).
Much hatzlachah!
