Invoking force majeure on supply and demand is tricky, but it's not really hard to invoke it on supply chain disruptions. If they include a force majeure clause in the contract, it probably specifically lists supply chain disruptions. Difficult line to draw when material is available but at insane prices, but with pandemic induced closures up and down the supply chain, I'd probably rather be the one claiming force majeure if I had to just pick who was most likely to win.
Probably the biggest thing is like you say, they probably can't afford to stop building either. They need to keep building, but at a higher price, and if you say "force majeure, but I will complete the contract if you pay me an extra 15%", you are hurting your position.
I have talked to two people who made a deposit with a builder and the builder is just sitting on it and keeps telling them they are about to start, but it's been going on months now with no work being done. So they are stuck in rentals and the builder is holding a good chunk of money that they could use as a down payment on a house. I'm guessing that's not an uncommon tactic either, but I suspect they started it thinking they just had to wait out a month or two, and now there is no end in site, so delaying may not help them.
Builders trying to wait out last year's prices is what led to this year's prices. Anyone looking to do a project with wood in the next 6 months, my advice is buy now.
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