Most pre-construction contracts include a force majeure clause. It exists to extend delivery timelines when unforeseeable events occur, like hurricanes or pandemics. In DPC's reviewed files, force majeure clauses have been invoked by developers in over 60% of delayed delivery disputes observed since 2022. Yet in the majority of those cases, the cited cause was not a genuine unforeseeable event — it was a permit delay or supply chain problem the developer should have anticipated.
How Force Majeure Works
In Punta Cana, developers routinely stretch the force majeure clause to cover permit delays, supply chain problems, and other obstacles that aren't unforeseeable at all. Under the Código Civil Dominicano (Art. 1148), a valid force majeure event must be unforeseeable at the time of contracting, external to the party invoking it, and irresistible — meaning it made performance physically or legally impossible, not merely more expensive or slower. Understanding this standard is the first step in evaluating any delay notice your developer sends.
How Developers Actually Use It
Force Majeure notices from developers often coincide with municipal or environmental permit delays. A developer should have completed standard permitting before selling units. If they didn't, a permit delay is a planning failure, not an unforeseeable event. When you receive a Force Majeure notice, find out what actually caused the delay before accepting it. An independent Field Verification Report creates a timestamped site record that lets you compare the developer's narrative against observable reality.
In DR Property Check's analysis of civil case files (2022–2025), developers who prevailed on force majeure had documented the event contemporaneously, notified buyers in writing within the contractual notice period, and resumed construction demonstrably once the event resolved.
What to Check Before You Sign
Before you sign, make sure the force majeure clause has a maximum duration. An open-ended clause gives the developer unlimited time to delay with no consequences. Review the clause against the standards in Pre-Construction Buyer Rights When Your Punta Cana Developer Delays to understand what protections you can negotiate. If a developer invokes force majeure during your build, order an independent field verification. Compare what's happening on site with what the developer claims. That comparison is your strongest evidence if you need to challenge the delay.
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How is Force Majeure defined in Dominican real estate?
Force Majeure (Fuerza Mayor) refers to unforeseeable circumstances — such as major environmental events or systemic disruptions — that inherently prevent the fulfillment of contractual timelines. Under the Código Civil Dominicano (Art. 1148), the event must be unforeseeable, external to the party invoking it, and irresistible.
Are regulatory or permit delays typically considered Force Majeure?
Whether permitting delays qualify as Force Majeure depends on the contract language. In most cases, a developer should have accounted for standard regulatory timelines before selling units. Courts have found that administrative delays fail the foreseeability test in the majority of cases where they were raised.
How can buyers objectively address Force Majeure claims in Punta Cana?
Order an independent field verification to get a timestamped record of the site. This documented evidence lets you challenge a developer's Force Majeure claim with facts instead of their word. See our full services overview for all available verification options.
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→ View Project Pulse DashboardSources & References
- Código Civil Dominicano, Art. 1148 — force majeure definition and application
- Ley 108-05 de Registro Inmobiliario — property rights and developer obligations
- CAMERD (Cámara Inmobiliaria) — builder registration and dispute records
- DPC case files, La Altagracia province, 2022–2025 — observed force majeure invocations