What to Do When Your Off-Plan Project is Delayed

This third pattern concerns the timing of your occupancy—specifically, how vague language allows for indefinite delivery delays in off-plan property deals.

The Problem: Timeline Extensions Tied to Undefined Events

In the Nigerian market, it is common for projects to remain "under construction" for years beyond the original delivery date. Poorly constructed variation clauses are often the culprit, allowing developers to extend deadlines without repercussions.

A loose clause typically states that the completion period can be extended due to "circumstances beyond the developer’s control." Without precise definitions, this becomes a catch-all excuse for logistics failures, labor disputes, or poor planning, leaving the buyer with zero leverage to enforce the timeline.

The Solution: Fixed Dates and Qualifying Events

A professional contract review replaces ambiguity with measurable constraints. A secure agreement ensures:

1. Defined Qualifying Events: Extensions are only permitted for specific, verifiable events—such as government-mandated shutdowns, natural disasters, or industry-wide supply chain disruptions.

2. Procedural Requirements: The developer must issue a formal notice within a set number of days after the delay occurs, providing documented evidence of the event.

3. Consequence Mechanisms (Liquidated Damages): This is the most critical protection. If the project exceeds the delivery window without a qualifying event, the developer must pay liquidated damages—a monthly penalty fee—or grant the buyer the right to terminate the contract and recover payments with interest.

The Result: Financial Accountability Delivery timelines are only enforceable when the contract clearly defines when extensions are permitted and what happens when they are not. When these prerequisites are written carefully, the financial risk of a delay shifts back to the developer, ensuring the project stays on schedule.

Even when a project is delivered on time, the internal quality may still vary. In our final post, we will examine the "bait-and-switch" regarding building components and finishing materials.

Mary Edet

Private Real Estate Advisor, Edet Real Estate