Construction delayed? Calculate your damages.
If the developer missed the delivery date beyond the 180-day grace period, Brazilian law entitles you to 1% of the amount paid per month of delay — or a full refund if you prefer to walk away. Estimate now what you can claim.
Note: enter the total you have actually paid (down payment, installments, released financing) — not the contract value. Count the months after the grace period ends: if delivery was due in January and it is now December, that is 11 months − 6 of grace = 5 compensable months.
The developer is late.
Now it is their turn to pay.
We specialize in claims against developers in São Paulo and serve clients worldwide, in English. Send your simulation on WhatsApp and get your contract reviewed — reply within 1 business day, no commitment.
Construction delays in Brazil: know your rights.
Is the 180-day grace clause really valid?
Yes. The clause allowing up to 180 days beyond the contractual delivery date appears in virtually every off-plan purchase contract in Brazil and is considered valid by law and by the courts (Law 13,786/2018). Damages therefore start counting from day 181 — this calculator already accounts for that.
How are construction delay damages calculated?
Under Brazil’s Termination Law (art. 43-A, §2, of Law 4,591/64, added by Law 13,786/2018), a buyer who keeps the contract is entitled to 1% of the amount actually paid to the developer per month of delay, counted after the 180-day grace period, with monetary adjustment. Example: someone who paid R$ 300,000 and faced an 8-month delay can claim about R$ 24,000.
What if I no longer want the property?
Once the delay exceeds the grace period, you may terminate the contract for the developer’s fault and receive 100% of what you paid back, with monetary adjustment, within 60 days — no penalties or deductions (Law 13,786/2018). Choosing between damages and termination depends on your goals and deserves professional analysis.
Which documents do I need?
The purchase agreement (with the delivery date and grace clause), proof of everything you paid (slips, transfers, financing), the occupancy permit or the developer’s notices about delivery, and messages/e-mails about the delay. With these, the exact calculation and strategy are ready quickly.
Is there a deadline to file a claim?
Yes — claims are subject to limitation periods that vary with the type of request (as a rule up to 10 years for contractual obligations, though some courts apply shorter periods). The sooner you act, the lower the risk of losing amounts. Consult a lawyer as soon as possible.
Does this calculator replace a lawyer’s analysis?
No — under no circumstances. The estimate is educational and based only on what you enter. The actual amount depends on the contract, payment receipts, monetary adjustment and additional provable losses (such as rent you had to pay). A lawyer must review your specific case.