Is the developer responsible for force majeure?

Delaying the delivery of the house is actually a very simple matter of interest choice. Since the developer simply chose to protect his own interests by delaying the delivery of the house, the owner can simply choose to protect his own interests through litigation. First of all, confirm the extension days and keep the delivery notice. Secondly, it is actually very simple to go to court to sue developers for delaying delivery. You only need to submit a copy of your ID card, two complaints, three pieces of evidence (which I will talk about later) and 50 yuan money. It only takes ten minutes to file a case, and the court session takes up to two hours. You don't need to hire a lawyer, and you don't need to accept the entrustment of other owners. You can easily take the developer to court and ask for a penalty for delaying delivery. We do this in order to ask developers to bear the responsibility for breach of contract and get liquidated damages. Secondly, it is very simple for us to sue, but it is troublesome for developers to respond. First of all, you should hire a lawyer, then you should produce a lot of evidence to prove the relationship between the earthquake and the construction, demonstrate the influence of "force majeure" (I will talk about how difficult it is for developers later), and even go to court to clarify the relationship. The developer has to pay more than ten times as much as the owner. The facts of this lawsuit are very simple, and there will be no dispute between the two sides. The key is how to identify "force majeure". For the impact of the earthquake on the construction, the developer must provide evidence. First of all, any documents issued by the developer himself or other non-authoritative departments have no probative effect; Secondly, the owner must question how much the documents issued by the authoritative department are related to the building in court. I don't think any department will issue a document specifically for XX Building. How do owners refute the force majeure theory of developers? "Force Majeure" refers to the "unforeseeable, unavoidable and insurmountable objective situation" in the General Principles of Civil Law. The delay in delivery caused by the earthquake should be decided by the authoritative department, because force majeure must be decided by the government, the court and other authoritative departments, and get the consent of the law. This earthquake is indeed unpredictable and inevitable for developers, but can it be overcome? First of all, have any developers conquered it? Of course, and there are many more! ! If you are a conscientious person, you may wish to make an investigation in person or go to the Housing Authority for enquiry. You will find that many developers pay the house as scheduled according to the contract, and the investigation of paying the house as scheduled according to the contract should be kept as evidence, and the more the better. These evidences show that under the same conditions, so many buildings can be delivered on time, indicating that the impact of the earthquake is not insurmountable for developers. Since it is not insurmountable, it is not force majeure. Developers should not only prove that the impact of the earthquake is insurmountable, but also prove that the impact lasted for two months. This is where it is difficult for developers to prove. As long as you have a good attitude, this lawsuit is a pleasant experience for you. Why not? In addition, handing over the house is not a last resort for developers and owners, and there are also problems such as property right certificate handling and maintenance fund management. If the developer has learned a lesson when handing over the house, he will hesitate to do anything that harms the interests of the owner in the future. Attached complaint: plaintiff of civil complaint: XXX, gender, age, occupation, address, ID number and telephone number; Defendant XXXXXX Co., Ltd., address: XXXXXX, telephone number: XXXXXX legal representative: XXXXXX claim: 1, and ordered the defendant to bear the liquidated damages of XXX yuan for late delivery; 2. The litigation costs in this case shall be borne by the defendant; Facts and reasons: the plaintiff purchased Room X, Unit X, Building XXXXX developed by the defendant, with the purchase contract number of XXXXXXXXXXXX and the purchase amount of XXXXXXXX yuan. Both parties agreed that the defendant would deliver the house purchased by the plaintiff before XX, 2009, but the defendant delivered the house on XX, 2009, which was XX days overdue. According to the contract, the defendant should bear the liquidated damages of XXX yuan. Because the defendant refused to pay liquidated damages to the plaintiff, he only appealed to your hospital and requested to support the plaintiff's claim according to law. To XXX people's court witness: date of signature.