Client’s Situation
The buyer purchased an apartment off-plan (sobre plano) during the construction phase. Under the contract, completion and handover were scheduled for June 2022. In reality, the property was completed only in August 2023. The developer justified the delay by referring to: alleged force majeure, supply chain disruptions, the effects of the pandemic.
Problem
The purchase agreement included a penalty clause for delayed delivery, however, the developer refused to pay compensation voluntarily.
Our Strategy
Analysed the contractual force majeure clause. Verified the validity of the reasons invoked by the developer. Submitted a formal pre-litigation claim. Filed a court action seeking compensation for the delay.
Result
The court ruled that the delay was unjustified. The client was awarded €38,000 in compensation. Additional legal interest was granted.
