Recently, by converging strength across departments and adopting comprehensive strategies, Yingdong lawyers have successfully closed and executed a complex construction project dispute involving 78 cases in Jiangsu province, and well recovered nearly 100 million yuan of project payment for a listed construction group company.
Since July 2015, the client, as a Contractor, had undertaken a series of construction projects at a certain site in Jiangsu from the Contractee. The two parties involved 10 contract signing entities and signed nearly one hundred "Construction Contracts" with a total value of hundreds of million yuan. In May 2019, the Contractee, who owed the client huge project payment, preemptively took the initiative and sued the client to the court, demanding the client to take responsibility for construction delays and quality issues. Immediately, the client signed an entrustment contract with Yingdong Law Firm and asked the attorney to define a response plan as soon as possible.
Yingdong lawyers responded quickly. After tracking contradiction between the two parties in the early stage, fixing evidence, and analyzing in detail the litigation documents of the counterparty, Yingdong outlined the core issues of the case, including the complex settlement of the project, the entanglement of quality issues, the confusion of contracting entities, the staggered legal relationship, the long litigation cycle, and the difficulty of enforcement, and that the owner of the project was a listed company who won the tender for a major local project. Led and coordinated by the director of the law firm Dong Dongdong, lawyers Hao Xiaozan, Fan Mingkun, Zhang Zhanping, Li Dahao, Deng Qinyan, and Xu Xuehua formed a team of handling attorneys with construction litigation and practical background, experience in corporate personality confusion and enforcement, and familiar with the local judicial environment, for joint response. Through targeted litigation discussions, the team defined litigation strategies of separate litigations, quick preservation, driving talks with strong defense, avoiding appraisals, and emphasizing the responsibility of listed companies.
With joint efforts, Yingdong lawyer team kept leading the dynamics and reached a package of mediation agreements on 78 cases involved in this case. As the enforcement procedure started, considering the payer of the counterparty includes a listed company, Yingdong lawyers exerted pressure on the counterparty in various ways such as information disclosure of the person subject to enforcement, and verification of the listed company's credit status and announcements by the competent authority of the securities regulatory commission.
In the end, within 8 months since Yingdong lawyers accepted entrustment, the case completed trials and execution procedures, and the client fully recovered the project payment of nearly 100 million yuan. The rapid processing of this case particularly reflects the expertise, teamwork, efficient communication and dedication of Yingdong lawyers in major complex cases.
Please refer to the lawyers’ work notes to be released next Tuesday for case details and handling experience.
【Profile of the lawyers】
Ø Lawyer Dong Dongdong:
Founder
Director of Management Committee
Practice areas focus on corporate governance structure and corporate risk control.
Ø Lawyer Hao Xiaozan:
Senior Partner
Practice areas focus on construction engineering, real estate development, investment & financing, and equity financing.
Ø Lawyer Fan Mingkun:
Senior Partner
Director of Department of Legal Affairs in Information Industry
Practice areas focus on company-related business disputes and disputes settlement at the execution stage.
Ø Lawyer Zhang Zhanping:
Senior Partner
Practice areas focus on real estate, construction project litigation and non-litigation.
Ø Lawyer Li Dahao:
Lawyer
Grade-I Certified Municipal Constructor
Certified Quantity Surveyor
Practice areas focus on construction engineering, PPP, etc.
Ø Lawyer Deng Qinyan:
Lawyer
Practice areas focus on construction projects, civil and commercial disputes.
Ø Lawyer Xu Xuehua:
Lawyer
Practice areas focus on corporate commercial litigation and real estate legal affairs.