Construction on Rosh Chodesh Av
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Question
We signed a contract with a contractor to start construction on Rosh Chodesh Av. It is about building a new apartment, and the date was chosen to complete it as soon as possible before winter to prevent leaks, as per the contractor's commitment. Should we change the date, and how much should we pay if needed, and what if leaks might occur in winter?
Answer
Hello,
One who has agreed with a non-Jewish contractor before Rosh Chodesh Av can allow the non-Jew to build even after Rosh Chodesh. However, if it is possible to pay him a little to agree to delay the work, he should do so.
Therefore, if there will be a significant loss from the delay, it is permissible to allow him to work as usual.
The discussion is only about an extension for more spacious housing, but if there is currently no housing and the house is needed for living, it is permissible in any case to work even after Rosh Chodesh.
Source
Mishna Berura, Siman 551, S"K 12
And in construction for joy, and similarly any construction that is not needed for dwelling, but only for expansion, is prohibited.
If one hired a non-Jew before Rosh Chodesh on a contract, everything is permitted, even on Tisha B'Av itself, as the non-Jew acts on his own accord.