Delays in Building/Delivery of your home in Cyprus

Should delays due to labour strikes and bad weather be allowed in your off plan purchase/building contract?

The answer is No !!

The developer is able to control or avoid strike action.  Any delays due to seasonal inclement weather are also not allowable for delay purposes. The developer knows about the seasonal weather conditions and must take this into account in the project plan. Exceptionally bad weather conditions could be considered and the developer has to provide evidence that those conditions are exceptional.

And you should not bear any of the costs !!

This is the clause that I would recommend that you make sure is in your contract.

FORCE MAJEURE

“Force Majeure” means any act or event not within the reasonable control of a party and which such party is unable to prevent by the exercise of due diligence, including without limitation, acts of God, acts of public enemy, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquake, fires, storms, flood, civil disturbances, or terrorism;

1 Notwithstanding anything else contained in this Agreement, neither Party shall be liable for any failure or delay in performing its obligations hereunder if such delay is caused by an act of Force Majeure affecting that Party.  Subject to the Party so delaying promptly notifying the other Party in writing of the reasons for the failure or delay (and the likely duration of the delay), the performance of that Party’s obligations shall be suspended during the period that the said circumstances persist and that Party shall be granted an extension of time for performance equal to the period of the delay. 

In these circumstances:-

1.1  any costs arising from such delay shall be borne by the Party incurring the same; and

1.2 the other Party may, if such delay continues for more than one calendar month, terminate this Agreement forthwith on giving notice in writing to the other in which event neither Party shall be liable to the other by reason of such termination, (save that the delaying Party shall pay to the other a reasonable sum in respect of any work carried out by the other party prior to such termination).

2 A Party affected by a Force Majeure event as envisaged in Clause 1 shall make every reasonable effort to minimize the effects of it and shall promptly resume performance as soon as possible after the removal of the circumstances of Force Majeure.

This article was not written by a lawyer and it does not intend to constitute legal advice.

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