At all times know someone who purchased a property in the plant, which faced or is facing the problem of non-completion of work on time.
The lawsuits are growing every day, and the case law is taking several factors into consideration when deciding on whether or not the responsibility of the contractor.
The construction in most cases defends himself by claiming that the delay in the work occurred for reasons beyond his will, due to excess rainfall, lack of equipment and lack of skilled labor to complete the project. One of the factors taken into account by the Jurisprudence is proof that climatic abnormalities, and evidence of the lack of raw materials and skilled labor.
The majority position today is that large construction companies must be prepared and structured to face this kind of situation, it is considered that explore risk activity.
It is worth emphasizing the teachings of Sergio Cavalieri Son, to whom the Code espoused the theory of risk of the project, so that everyone who is willing to perform any activity in the consumer market has a duty to account for possible defects or defects of the goods or services provided, regardless of fault.
The simple claim that the delay was due to hand labor and materials, due to the "boom" of the housing market, is also inconsistent. The coupled process of reports and documents from the Association of the Construction Industry in the State of Rio Grande do Sul - Sinduscon / are considered generic and unable to exempt the responsibility of the contractors.
The deadline established by contract and usually considered tolerable by the judiciary is the delay for 180 days, or six months after the deadline for delivery of the work. After this period if the contractor can not prove that the breach of contract stemmed from unforeseeable circumstances or force majeure, will present the requirements for characterization of the duty to indemnify, namely, the agent's conduct and his connection with the damage experienced as well as payment the contractual penalty.
Regarding the request for compensation for moral damage not just the mere breach of contract or mere inconveniences experienced in the face of delay in delivery of the property on the date.
To be entitled to further compensation for moral damages, the consumer will have to prove damaging and distressing situation that the delay of the work he produced. Examples of such cases would be to organize the wedding in the face of promised time by construction, purchasing a larger property planning the arrival of a child, among other hypotheses that generate actual losses and frustrations on the expectations of the buyer.