Recently, by the Shenzhen branch of Hou Zhichun team of lawyers on behalf of a rare, complex construction overpayment case, after the first trial, second trial and retrial procedures, and ultimately confirmed that the client won the case. This case is not only rare, and the amount of money involved in the case is large and complex. Through the participation of Mr. Hou Zhichun, Mr. Lu Jiazhao, Mr. Lin Xiangliang, and Mr. Wang Peiliang, the case was finally awarded to support the return of the client's huge overpayment of the project, and the application of the opposing party was rejected in both the second trial and the retrial, thus consolidating the results of the successful litigation.

I. The case was rare, and the original recovery procedure had been blocked for a long time.

The client is a Hong Kong real estate company, ten years ago, should attract investment, investment and development of a logistics park project in the northwest, and will be contracted to a provincial construction enterprises. During the construction process, the contractor through misrepresentation, overstatement of the amount of work and other means, to obtain far greater than the actual amount of work corresponding to the project payment. After the completion and delivery of the project, the client's accounting found that the actual amount of work reported by the contractor was much higher than the actual amount of work completed, and the client had overpaid a huge amount of money to it.

Subsequently, the principal experienced a long recovery process. With the construction engineering field common “contractor urging settlement” is different, this case is the contracting party initiative to urge settlement, and encountered each other continued to delay, the difficulty of recovery increased significantly. After years of unsuccessful urging, the client finally commissioned Hou Zhichun's team to intervene and represent the case.

Second, the team relay to overcome the factors outside the case, accurate response to complex disputes

The client attaches great importance to this case, the lawyer team intervened, in-depth project location, targeted combing volume, payment vouchers and accounts, and gradually clarify the main points of the dispute, the development of targeted strategies.

Due to the amount of money involved in the case, complex case, and the contractor in the local business for many years, has a certain influence, in this case after the prosecution, from the filing, preservation, appraisal, judgment process are trying to exert influence, every procedure is accompanied by obstruction. The case has been through the first trial, second trial and retrial, the cumulative total of nearly ten court sessions.

In the litigation, the two sides for the actual completion of the project, pricing, amount of work, breach of contract and other issues such as controversy, every single document, vouchers must fight. Lawyer team around the site inspection, contract agreement, legal provisions and class cases and other perspectives, the formation of a number of detailed agency opinions and trial materials. Eventually, the first instance judgment of the contractor to return the principal and interest of the principal overpayment of nearly 30 million yuan, the second trial rejected the contractor's appeal, the retrial also rejected its application, the referee documents in many parts of the adoption of the views of the lawyer. This case is extremely rare in the amount and complexity of similar public cases in the country.

Defending rights in accordance with the law and helping enterprises to recover assets

The results of this case, depends on the client's firm belief in the rights of the law, but also thanks to the team of lawyers in the field of construction engineering experience, as well as in-depth study of the case and continuous investment. Hou Zhichun lawyer team will continue to uphold the professional, prudent, responsible practice philosophy, and strive to provide customers with high-quality legal services, to help safeguard the legitimate rights and interests in accordance with the law.