The actual constructor recognized the suggestions put forward by the lawyer and signed a second instance agency agreement with Hebei Longke law firm.
After the lawyer read the first instance judgment in detail and communicated with the actual constructor, he put forward three appeal suggestions.
There are several specific subdivisions of legal relations in each legal relationship.
The lawyer’s opinion was finally adopted and recognized by the Hebei Higher People’s Court of second instance.
Third, lawyers’ sense of responsibility should be reflected in every case they represent.
At the same time, the changed judgment also includes the amount and time of issuing the project payment invoice.
Lawyers’ experience and experience in representing cases: first, sort out various legal relationships of the case in detail, and know the contents of contracts and other documents involved in the case and the details of contract performance.
The attorney clarified and stated the case from the aspects of legal relationship of guarantee and legal relationship of project subcontracting.
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Rigorous and responsible attitude and careful and detailed logical thinking are the basis for lawyers to successfully represent cases, and also the necessary conditions for comprehensively and effectively safeguarding the legitimate rights and interests of the parties.
Second, be familiar with all aspects of the legal provisions involved in the case.
The legal issues involved in this aspect include the enforcement of the creditor’s rights of the third party against the general contractor, the court’s seizure and freezing, and the project funds payable between the general contractor and the employer.
If the above requirements are met, the legitimate rights and interests of the parties can be protected to the greatest extent.
These may affect the legal relationship and legal liability of the parties.
In the case that the actual constructor failed to negotiate with the general contractor and the employer for many times, he filed a lawsuit with the intermediate people’s Court of Baoding City, Hebei Province, requesting the general contractor to pay the actual construction labor cost of more than 52 million yuan and the interest of overdue payment, and requiring the employer to bear joint and several liability for the project cost and interest.
This case includes the legal relations of construction projects, guarantees, execution, purchase and sales contracts, private loans and other legal relations.
In particular, the contract settlement terms, project contracting contents, construction, subcontracting, settlement audit and other legal relations between the employer and the general contractor.
How to accurately characterize various legal relations, the order of expression before and after, and the cross application of subdivisions of legal relations in the agency scheme should be considered and implemented in the lawyer’s agency scheme.
The judgment result of the second instance: the higher people’s Court of Hebei Province revoked some of the judgments of the intermediate people’s Court of Baoding City, Hebei Province, and changed the judgment that the employer should bear joint and several liability for repayment within the amount of the project payment owed by the general contractor to the actual constructor.
Based on the foundation, the acting lawyer can accurately apply the legal provisions, state his views and propositions clearly to the court, and help the judge find out the facts of the case.
The agency activity of each case is a static and dynamic process.
After studying the materials of the first instance case file and the court minutes in detail, lawyers Yang Jialin and Wei Xinyue communicated with the actual constructor about the actual performance of the case, and put forward their opinions on whether the employer should bear the joint and several liability for repayment mainly from the following two aspects: first, the behavior of the employer and the relevant documents issued during the actual performance of the project, Analyze from the legal nature whether the employer should bear joint and several liability for the project funds of the actual constructor; 2、 In terms of the amount of project funds owed by the employer to the general contractor, should the employer bear joint and several liability for the project funds of the actual constructor.
After finding out the facts, the court of first instance ordered the general contractor to pay the corresponding amount and interest, but rejected the lawsuit request of the actual construction contractor that the employer should bear joint and several liability for repayment.
Lawyer’s idea: after receiving the first instance judgment, the actual constructor shall contact the lawyer in time.
Writing lawyer: Yang Jialin Tel: 13933885088 Wei Xinyue Tel: 1571033526 main contents of the first instance judgment: after the project contracted by the actual constructor is completed, the general contractor fails to pay the corresponding project funds in full as agreed.
Hebei Longke law firm appointed lawyers Yang Jialin and Wei Xinyue as the second instance agency lawyers of the actual constructor.
