What is LAD (Liquidated Ascertained Damages)? Developer failed to deliver your house in accordance with the promised timeline.
With developers failing to complete the construction and delivery of housing projects in accoirdance with the promised timeline, what then happens to the affected homeowners? Well, there is a clause in the Sale and Purchase Agreement (SPA) called Liquidated Ascertained Damages (LAD) that allows you to claim for compensation in such circumstances. The LAD is a contractually ascertained or pre-determined amount of damages that are claimable by either party in the event of a breach of contract (SPA). This clause can be found in the SPA. If you are buying a house from a housing developer, Clause 24 (2) of Schedule G of the Housing Development (Control and Licensing) Act 1966 (HDA) and Clause 25 (2) of Schedule H of the HDA provides that a purchaser has the right to claim for LAD for any delay in the delivery of vacant possession (VP) at the daily rate of 10% per year of the property purchase price. The delay in question would begin from the expiry of the period for delive...