Should the developer bear the responsibility for the delay in delivery caused by the epidemic?

If the developer fails to deliver the house on schedule due to the epidemic, in principle, the developer can claim to be exempted from liability for breach of contract. Because the emergence and spread of this epidemic is an unpredictable, inevitable and insurmountable objective factor, and it belongs to force majeure in a certain period of time.

Please pay attention to the following points about delayed delivery.

1. If it cannot be delivered on time due to epidemic situation, the developer may be exempted from liability within the corresponding delay period. However, the developer should fulfill the obligation of informing according to law to reduce the loss of the owner. If the loss increases due to his failure to inform the buyer in time, the buyer can claim compensation.

2. If the developer fails to deliver the goods on time due to the epidemic situation, it shall provide relevant evidence affecting the delivery, such as the relevant documents issued by the government to delay the resumption of work, the notice of suspension of the enterprise, the relevant hospital certificate that the construction workers were isolated due to confirmed or suspected pneumonia, and the supplier's failure to deliver the goods on time.

Also, the delayed delivery must be reasonable and should be considered according to the actual situation. It cannot be said that it is unreasonable to delay the resumption of work for one month and the delivery for one year.

The developer's responsibility for delaying delivery under the influence of force majeure factors

1. If the overdue period is not more than 30 days, the Seller shall pay the Buyer three ten thousandths of the paid-up house price as penalty per day from the second day of the delivery deadline to the actual delivery date, and the Contract shall continue to be performed;

2. If the payment is overdue for more than 30 days, the buyer has the right to terminate the contract. In case the Buyer terminates the contract, the Seller shall return all the payment within 30 days upon the service of the Buyer's notice of termination of the contract, and pay 65,438+0% of the accumulated payment to the Buyer as penalty.

3. If the buyer requests to continue to perform the contract, the contract will continue to be performed. From the second day of the final delivery deadline to the actual delivery date, the Seller shall pay the Buyer three ten thousandths of the paid-up house price as penalty per day.

Article 27 of the Contract Law: If one party unilaterally requests to modify or terminate the contract, it shall notify the other party 30 days in advance, and both parties shall reach a written agreement through consultation.

Article 34: If Party B fails to pay the contract amount on schedule, it shall bear the liability for breach of contract, pay a penalty of 5% of the current year's rent and pay a daily overdue fine of 0.5 ‰. A contract is an agreement between the parties or both parties to establish, change or terminate a civil relationship. Contracts established according to law are protected by law.