Recently, focusing on the field of real estate construction engineering, Beijing King & Capital Law Firm Shenzhen Branch-Beijing King & Capital (Shenzhen) Law Firm, director of the Hou Zhichun lawyers team of good news, its agent of a number of cases have achieved good results, and received a high degree of evaluation of the client and the case unit.
Performance 1: Dismissed $40 million of sued, won over $100 million in another suit
In 2004, a construction enterprise general contracting N city residential and commercial projects, due to the owner's financial rupture, experienced a number of stop and resume work, and led to a large number of small owners petition. After the intervention of relevant provincial and municipal departments, the residential part of the project was completed and delivered (the lack of completion data laid a hidden danger of dispute), while for the commercial part of the podium, the owner notified the stoppage of work and then did not resume work. The project has not been settled.
In August 2015, the owner sued the client for the return of the overpayment of the principal amount of the project of nearly 40 million yuan and interest, as well as compensation for the loss of the commercial portion of the project which was not completed and delivered. Because the two sides have not been settled, the construction of the general contractor to complete the part of the cost appraisal, but because of the long time, personnel mobility, coupled with mismanagement, the general contractor serious lack of construction data, cost appraisal results are likely to be unfavorable to the general contractor, it and its then-agent to use delaying tactics, a passive response to the case trial.
In November 2018, the general contractor to replace the agency lawyer, Hou Zhichun, Gao Xiaojie lawyer intervention, Hou lawyer team in-depth analysis and study of the case, to formulate a positive response to the program, proactive cooperation with the court cost appraisal, at the same time, a separate lawsuit, requesting the owner to pay the project payment of 60 million yuan of interest on the principal amount of interest and claims. Hou lawyer team visited the original project audit, supervision, design institute, quality inspection, urban construction archives and subcontracting unit, in view of the distance from the construction of the project time is long and repeated stoppages, part of the unit in the middle of the replacement, personnel mobility, file management, and there are some units and personnel are unwilling to cooperate with the situation, the data collection process is difficult to say. However, under the unremitting efforts of Mr. Hou, a large amount of project information was collected, which laid a solid foundation for the client's success in the case being sued and the other case.
After 6 years of first and second instance proceedings, the court finally rejected the owner's overpayment claim. For the separately sued case, the court of first instance ruled that the owner party should pay the principal amount of the project and the claimed damages to the principal of the client of nearly RMB 30 million, and other costs of nearly RMB 80 million, totaling more than RMB 100 million, and the owner party did not file an appeal in the end. After years of marathon case finally achieved a perfect result, the lawyer team's professionalism, responsibility, integrity won the client's high appreciation, the contractor court also fully affirmed the active cooperation and professional ability of the lawyer team.
Performance 2: Integration of legal and business thinking and win-win situation for all parties in the case
C City, the Yangtze River Bridge commercial center site, a Hong Kong-listed enterprises under the company's capital and the owner of the land C City, a state-owned enterprise joint venture co-development, in the relevant government departments for the record, a special construction company and the two signed a general contract, agreed that the project payments by the Hong Kong-funded companies, and the land has nothing to do with the local.
Due to the financial constraints of the Hong Kong-funded enterprise, resulting in non-payment of the relevant fees, the relevant departments notified the project to stop, and at the same time, due to the project's business format is not residential, mainly for commercial offices and a small number of apartments, to go back to the payment difficulties, coupled with real estate regulation, the lack of new funds, and ultimately the project in the development and construction of less than half of a complete stop.
C City, the Yangtze River Bridge commercial center site, a Hong Kong-listed enterprises under the company's capital and the owner of the land C City, a state-owned enterprise joint venture co-development, in the relevant government departments for the record, a special construction company and the two signed a general contract, agreed that the project payments by the Hong Kong-funded companies, and the land has nothing to do with the local.
Due to the financial constraints of the Hong Kong-funded enterprise, resulting in non-payment of the relevant fees, the relevant departments notified the project to stop, and at the same time, due to the project's business format is not residential, mainly for commercial offices and a small number of apartments, to go back to the payment difficulties, coupled with real estate regulation, the lack of new funds, and ultimately the project in the development and construction of less than half of a complete stop.
Using the trust established with all parties in the previous reorganization and revitalization stage, three days before the expiration of the appeal period, Hou's team went to A city to coordinate with the Hong Kong capitalist, the soil place, the superior group and the court, through two days of consultation and negotiation, and finally reached a consensus, the three parties gave up the appeal, the soil place in the payable Hong Kong capitalist within the scope of the payment to the general contractor to pay the entire amount of the judgment of the Higher People's Court shall pay the total amount of the General Contractor to apply for lifting of seizure measures for the soil place assets The general contractor to apply for the release of the assets in the name of the land of the seizure measures, the land after deducting the amount of money paid to the general contractor the remaining amount of money in the agreed time to pay all the Hong Kong side, to find the balance of interests of all parties, and finally all parties are happy, three litigation cases of the three parties to a perfect ending, the court case is closed, and all the parties have expressed their thanks to the court!
Mr. Hou's professional dedication and diligence in the process of representing this case has won the high praise of the client and the affirmation of the court and the other party.
Performance 3: Second trial reversed and warranty and priority claims were upheld
In a residential project in City Z, work was stopped due to financial reasons on the owner's side, and then the two sides negotiated the resumption of work, and a settlement of the pre-resumption of work was recognized and partially paid. After the resumption of work, the general contractor constructed the project for a period of time, and due to a major change in the owner's business situation, the project again came to a standstill.
The general contractor entrusted Mr. Zeng Zhuo and Mr. Song Ge from Hou's team to represent it and filed a lawsuit with Z Municipal Intermediate Court for the payment of the construction portion of the project after resumption of work and the claimed damages. In view of the owner's negligence in reviewing and confirming the project construction documents before the suspension of the project, how to confirm the principal amount of the project and how to recognize the loss of claims for suspension of work became the key to the case. After accepting the commission, the two lawyers dug deep into the case information, comprehensively sorted out and analyzed the case facts and legal relationships, fully inquired and retrieved the assets of the owner, and seized the land and pre-sale properties under the name of the owner within a short period of time in order to maximize the protection of the interests of the client. Thereafter, while actively promoting the appraisal of the project cost, the firm simultaneously carried out negotiations with the owner, notarized the evidence, organized the collection of evidence, and conducted on-site inspections of the project site and other work. In the appraisal procedure, after many times of questioning, hearing, objection checking and trial debates, the project cost appraisal opinion draft based on the success of the client to fight for an increase of about 5 million yuan of project funds. In the case that the owner attempted to fabricate facts, evade debts and delay litigation through illegal means, the two lawyers grasped the core of the case, argued on the basis of reasoning, and accurately grasped the facts of the case and the focus of the dispute, and most of the litigation requests were eventually supported by the court of first instance.
Because of the lack of factual and legal basis for the judgment of first instance to withhold more than 17 million yuan of the project warranty, the appeal was filed to the Provincial High Court of H after full communication with the client. How to claim the full return of the warranty before the expiration of the warranty period became the focus of the second trial. In the second instance proceedings, the acting lawyers, under the comprehensive analysis of the contractual relationship in this case, kept digging for new evidence, combined with the search of similar cases, and fully studied the legal application issues. Under the professional and unremitting efforts of the attorney, the second instance successfully changed the judgment to support the client's request for the full return of the warranty deposit, and confirmed that this part of the amount enjoys the right of priority compensation for the construction project. The case lasted nearly two years, the lawyer before and after more than ten times to and from the project site, the case finally achieved the desired results, for the client to recover losses totaling 50 million yuan.
Hou has always believed that litigation is not the purpose, but measures means, litigation is not a confrontation between you and me, to realize the client's legitimate claims is the purpose. "The pursuit of excellence, not to be entrusted" is the motto of each Kyoto people, the future, Hou and his team will continue to uphold the Kyoto lawyers deep theoretical heritage, rich practical experience and diligence and professionalism for the client to provide professional, high-quality legal services, King & Capital Law Firm will move forward.
