Legal Question in Real Estate Law in Florida

Home Pre Construction Contract

I have a pre-construction contract with a builder in FL. The constract statest that the property must be finished in 2yrs. It also states the builder is not responsible for delays caused by acts of god, and there was Hurricane Wilma. My question is how much additional time does this give the builder to finish. The 2 years are set to expire in August. Below is a clip of the clause.

Seller is required to complete and does agree that the construction of the Home will be completed within a period of two (2) years from Purchaser's execution of this Agreement. If construction is delayed by events consisting of acts of God, impossibility of performance or frustration of purpose, the date of completion shall be extended by the delay period.


Asked on 6/29/07, 12:38 pm

3 Answers from Attorneys

Johm Smith tom's

Re: Home Pre Construction Contract

You would need to consider availability of materials (and if your contract is specific enough then at what price they have to be at), the general construction industry in your area and the affected part of the state, and other relevant factors that could be considered when making a fair determination. If the contractor is not trying to get our of the contract, then they should definitely have started work by now and probably a while back.

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Answered on 6/29/07, 2:51 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Home Pre Construction Contract

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

There is no clear answer to your question and is shaping up to be one of the hotly contested issues in many counties in Florida as developers start to get challanged by Buyers who do not want to close and will look for reasons to have a contract voided. In recent years, this was never a major issue as most Buyers cheerfully signed Addendums extending the Contract as properties were worth far more than the original Contract price and thus they wanted to close no matter how long of a delay there was in construction.

Scott R. Jay, Esq.

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Answered on 7/02/07, 12:38 am
David Slater David P. Slater, Esq.

Re: Home Pre Construction Contract

The issue would be what is the "delay period". Without more facts no one can say.

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Answered on 6/29/07, 5:16 pm


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