AM Court will discuss real estate delivery delay on issues for constructionThe judges discuss issues such as tolerance clause, freezing of the balance due and incidence of moral damages for delay of work.
The judges of the Amazon Court (TJAM) admitted an incident of Repetitive Claims Resolution (IRDR) in relation to three issues discussed in processes that deal with the promise to purchase and sale agreements of real estate, in the plant or in construction: validity of clause tolerance, freezing of the balance due and incidence of moral damages for delay of work. Due to different understandings decisions in Isolated Chambers regarding these topics, processes will be suspended until the preparation of summary about the matter.
Admission was by majority vote, Tuesday session (7), as the vote of the rapporteur, Judge Jorge Ari Moutinho da Costa, in the trial of paragraph process 0005477-60.2016.8.04.0000.
The process began with the analysis of an appeal by the chief judge Nélia walks Jorge, the Third Civil Chamber of TJAM, and raised the IRDR after checking controversy in the result of process trials with the same requests by Isolated Chambers of the Court.
Given the situation, the rapporteur voted for the admission of incident: "I conclude, therefore, the presence of equality to injury risk and legal certainty, considering the unequal treatment of similar legal situations repeatedly brought before the same Court, It is imperative to standardize the jurisprudence of this court as to the matters of this incident ".
With the trial last Tuesday, questions relating to the validity of the contractual clause of tolerance (which enables the extension of the final deadline of work for more 180 days), the freezing of the balance due from the date that the work should be delivered and the actual availability to the consumer, and moral damage due to the delay in delivery of the work, They will be discussed in order to reach a common understanding before trials.
The procedure provides that persons and bodies with interest in the dispute are summoned to present their understanding and, after discussion, members will TJAM a vote will result in a summary (legal interpretation) to apply the processes.
Before the establishment of this incident Repetitive Claims Resolution, shall be suspended pending the judgment of 1st and 2nd degree, individual or collective, to proceed through the State of Amazonas, with regard to the issues raised. For other applications, processes should normally follow the judgments in that pass, according to the rapporteur.