View Single Post
  #28  
Old 15-02-2007, 03:07 AM
wayneis wayneis is offline
Senior Member
 
Join Date: Jan 2007
Posts: 212
Red face Most Building Projects are delayed in Dubai

Sorry to here about your delay Mansoor Alam
ikqureshi The reason you were told sounds like a cop out as my I.C. has been delayed around a year with no explanations and I am in Phase 1. nakheel has known for a long time that the projects would not be out on the published time

You will have a hard time proving Force Majeure
Quote:
Force Majeure literally means "greater force". These clauses excuse a party from liability if some unforseen event beyond the control of that party prevents it from performing its obligations under the contract. Typically, force majeure clauses cover natural disasters or other "Acts of God", war, or the failure of third parties--such as suppliers and subcontractors--to perform their obligations to the contracting party. It is important to remember that force majeure clauses are intended to excuse a party only if the failure to perform could not be avoided by the exercise of due care by that party.

When negotiating force majeure clauses, make sure that the clause applies equally to all parties to the agreement--not just the licensor. Also, it is helpful if the clause sets forth some specific examples of acts that will excuse performance under the clause, such as wars, natural disasters, and other major events that are clearly outside a party's control. Inclusion of examples will help to make clear the parties' intent that such clauses are not intended to apply to excuse failures to perform for reasons within the control of the parties.
some examples here
Facts are virtually NO PROPERTIES come on line in the advertised time line.
There are STILL many projects being sold off the plan when the developers and the Agents both no there is a delay however they are not advertising this for obvious reasons.

As I have mentioned before you have a problem here that is not yet covered by legislation to protect the consumer, that is there are virtually no consumer protection laws in Dubai.

Developers can and do advertise glossy brochures with claims that give the purchaser the impression the development will be surrounded by greenery or water when the end result will be very different.

To sum it up there are delays in all building projects in Dubai, just that many are not advertised.
Reply With Quote