Terminating the SPA of an off-plan property when the project is almost completed

What is a probability to terminate an SPA with the developer in Dubai through the court if:

1. ACD was Q1 2017 + 12 m

2. Based on inspection of 02/2019, the project is complete over 93%

3. It is possible that the project may complete before or during the claim process but it is also possible that the project may be delayed further at least for months

4. According to the SPA, “the Seller shall not be considered to be in default or in breach of its obligations … to the extent that performance of such obligations is prevented … due to Third Party delays … or because of the time extension given to the Main Contractor by the Consultant Engineer .. for reason whatsoever”.

Although it is likely that the delay has been caused by the Seller or due to reasons within its control (e.g, delaying payments to the Contractor), how can the Claimant access such evidence and does it matter given points 2-4?