China Naming Network - Eight-character query< - Can I lodge a claim with the developer for the delayed construction period due to rain?

Can I lodge a claim with the developer for the delayed construction period due to rain?

First of all, look at whether there are corresponding clauses in your construction contract, that is, how to determine the construction period and how to deal with the consequences of work stoppage or slowdown due to natural reasons, such as weather and emergencies. Generally speaking, the shutdown caused by weather is pre-existing in the terms of the contract.

It is impossible to claim compensation for the construction period, because the construction unit is not at fault.

It depends on how big it is. Mao Mao is absolutely not allowed to rain, not allowed to rain heavily, not allowed to rain heavily, and not allowed to rain seasonally. A once-in-a-century rainstorm is enough.

In professional language, it is enough to reach the level of force majeure. Or "an experienced contractor can't reasonably foresee" a rainstorm. For example, it has rained for as long as 10 days since the recorded summer rain, and it has rained for 89 days this year, which is unpredictable by God, so it can be done.

Under the influence of force majeure, it is normal to postpone the construction period within a certain range. ? Delaying the construction period is a breach of contract.

Extended data:

Claim method:

According to Article 9 of Code for Valuation with Bill of Quantities of Construction Projects (GB50500-20 13(09)):

1. If the contractor fails to carry out the construction as agreed in the contract, resulting in the actual progress being later than the planned progress, the employer shall require the contractor to speed up the progress and realize the contract period. ?

If the contract works are delayed, the Contractor shall compensate the Employer for the losses caused thereby and pay the Employer the delay compensation as agreed in the contract. Even if the contractor pays the compensation for delay, it cannot exempt the contractor from any responsibilities and obligations stipulated in the contract. ?

2. The employer and the contractor shall stipulate in the contract the compensation fee for delay, and specify the compensation amount per calendar day. Unless otherwise agreed in the contract, the maximum amount of compensation for delay is 5% of the contract price. The compensation for delay is included in the completion settlement and deducted from the settlement amount. ?

3. If a unit project in the contract project has passed the completion acceptance before the completion of the project, and the decomposition date indicated in the project acceptance certificate of the unit project has not been delayed, but other parts of the contract project have delayed the construction period, the delay compensation shall be deducted according to the proportion of the project cost of the unit project to the contract price with the project acceptance certificate issued. ?

Baidu Encyclopedia-Code for Valuation of Bill of Quantities of Construction Projects