Overview
A single real estate project typically involves several parties, the developer, contractor, subcontractors, and buyers, and where responsibility lies among them can overlap when an issue arises like delayed delivery or an execution defect.
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The lawyers help the developer determine which party is actually responsible for the issue before negotiating a settlement, rather than the developer bearing responsibility that may actually rest with a contractor or another party in the execution chain.
Regulatory Basis
These disputes fall under general contract provisions, alongside buyer protection regulations like the Wafi system when units were sold off-plan.
How We Handle Developer Disputes
The lawyers review the full project contracts, from the construction contract to the unit sale contracts, to precisely determine where responsibility lies before negotiating any settlement.
Who Needs This Service
A developer facing buyer claims over delivery delays who needs their actual responsibility assessed against the contractor's responsibility.
A developer in a dispute with their main contractor over execution quality or adherence to the schedule.
Many developers end up bearing responsibility for delivery delays toward buyers even when the actual cause of delay rests with the main contractor, simply because the construction contract wasn't reviewed carefully enough to determine whether that responsibility could be passed on to the contractor and recovered as compensation, rather than the developer absorbing the full loss with no recourse against the party actually responsible.
Additional Considerations
These disputes depend on a careful review of the original construction contract to determine where responsibility actually lies.
When units are registered under the Wafi system, claims connect with the off-plan sales and Wafi service.
Common Questions
Who bears responsibility for delay if the cause is the contractor's?
The lawyers review the construction contract to determine whether the contractor can be held responsible instead of the developer facing buyers.
Can a dispute with buyers be settled without escalating to litigation?
Yes, and the lawyers prefer direct negotiation first when it serves the developer's interest and preserves their market reputation.