The 12th Civil Chamber of the Court of Justice of Minas Gerais confirmed the decision of the District of Santa Luzia (MG) that determined that two construction companies compensate a couple, due to the delay of almost two years in the delivery of a property.
According to the lawsuit, the apartment was delivered almost two years after the deadline set by the companies, prompting the clients to file a lawsuit. They requested payment of the late payment fine stipulated in the contract; material damages related to the loss of rent that could have been earned from renting the property; and moral damages.
The construction companies claimed that the delay was caused by “factors beyond their control”, such as unforeseeable circumstances and force majeure, and that, therefore, they should not be held liable for losses resulting from the delay.
The companies’ argument was rejected by the lower court, which partially accepted the couple’s requests. The court ordered the construction companies to pay each spouse jointly and severally for moral damages, in addition to material damages related to lost profits, which would be determined during the settlement phase of the judgment. The companies appealed, arguing that the material damages should not be applied because the buyers failed to prove that the property was intended for rental purposes.
The case rapporteur considered this evidence unnecessary, arguing that the delay in delivering the property already constitutes, in itself, the obligation to pay lost profits on the part of the companies.
Based on the Consumer Protection Code (CDC), the judge upheld the conviction, stating that suppliers are strictly liable for defects in the provision of services and for the risks inherent in business activities, regardless of fault. According to her, companies must compensate consumers for damages, including those resulting from insufficient or inadequate information about the services provided.
