Practice experience: long-term legal adviser to architectural design, construction enterprises, real estate development enterprises and government departments.
The units that have served as perennial legal advisers during their practice include government departments, large central enterprises, state-owned enterprises and private enterprises.
Zhai guide sued Zunlong company and agricultural science and technology city company to Huai’an intermediate people’s Court on October 29, 2013.
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Although Zunlong company did not recognize it, it did not provide evidence to prove its claim and was not accepted.
The lawyer commented on Article 2 of the interpretation of the Supreme People’s Court on the application of law to the trial of construction contract disputes (I), which stipulates that the construction contract of the construction project is invalid, but the construction project has passed the completion acceptance, and the Contractor’s request to pay the project price with reference to the contract should be supported.
He graduated from Tianjin University of science and technology in 1990 with a bachelor’s degree and began to practice as a lawyer in April 2009.
However, because the project involved has been completed and delivered, Zhai guide has the right to require Zunlong company to pay the project payment according to the law.
The project cost involved in the case was examined and approved by judicial appraisal.
The court of first instance found that the agricultural science and technology city company had paid a total of 4767201 yuan to Nanjing Junma construction and Installation Engineering Co., Ltd.
Have rich experience and ability in reviewing various contracts and dealing with various contract disputes.
He has represented a large number of major, difficult and complex litigation cases related to the company, such as the identity of equity shareholders, equity disputes, shareholders’ right to know and so on.
Due to the determination of the quantities involved, the court started the judicial appraisal procedure according to law.
Lawyer Zhang Yifeng, male, Han nationality, graduated from Tianjin University of science and technology in 1990 with a bachelor’s degree.
In litigation, we have handled a large number of major, difficult and complex litigation cases such as construction contracts of construction projects, EPC contracts, real estate disputes, and accumulated rich litigation experience.
The gist of the judgment is that the actual constructor is an individual without construction qualification, and the construction project subcontract signed by him is invalid, but the project involved has been completed and delivered, and he is entitled to claim the project payment.
As the actual constructor Zhai guide is an individual without construction qualification, the construction project subcontract signed by him is invalid, but the project involved has been completed and delivered, so Zhai guide’s claim for payment of project funds from Zunlong company is supported.
Practice philosophy: always adhere to honesty and trustworthiness, diligence and responsibility, keep improving, strictly keep secrets, and maximize the protection of the legitimate rights and interests of the client!..
The appraisal result was that the cost of the road and community drainage project of Hongze Lake Comprehensive Trade Plaza was 3900500.13 yuan, and the outward earthwork price was 199011.72 yuan, which was recognized by Zhai guide and agricultural science and technology city company.
In 2020, Zhai guide filed a new lawsuit and asked Zunlong company to pay the project payment in arrears of 1865481.84 yuan.
appellee (original plaintiff): Zhai guide original defendant: Nanjing Zunlong construction and Installation Engineering Co., Ltd.
Later Zhai withdrew the lawsuit.
He is good at construction engineering, real estate, company legal counsel, equity disputes, mergers and acquisitions, various contract disputes and criminal defense.
According to the contents of the contract and the judicial appraisal results, the final project payment of the project involved was 3553441.83 yuan, and Zunlong still owed 1237459.83 yuan, which should be paid to zhaiguide.
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Zunlong company and agricultural technology company did not make final accounts for the contracted general project; The project involved has been completed and accepted and actually delivered for use.
Both parties agreed that the construction contract fell by 14%.
Case information trial court: Huai’an intermediate people’s court appellant (original defendant): Jiangsu Hongzehu agricultural science and Technology City Co., Ltd.
He is now the senior partner of Beijing Yingke (Urumqi) law firm, the deputy director of the construction engineering and real estate legal affairs department, and the member of the Construction Engineering Professional Committee of Xinjiang Lawyers Association.
Provide full legal services for Architectural Survey, design, construction, real estate development and construction, equity transfer, asset acquisition, reorganization and M & A.
In this case, Zhai guide, the actual constructor, was an individual without construction qualification, so the construction project subcontract signed by him was invalid because he violated the mandatory provisions of the law.
He is good at various legal affairs of the company, such as equity transfer, asset acquisition, reorganization and merger, contract drafting, mortgage guarantee, creditor’s rights and debts, labor contracts, industrial injury compensation, etc.
case number: (2021) Su 08 Minzhong No.
1152 judges: Jiang Dongxin, Ma Yubao, Tao Rui judgment date: May 25, 2021 basic facts of the case July 3, 2007, Zhai guide signed the road drainage construction contract with Zunlong company (formerly Nanjing Junma construction and installation Co., Ltd.), agreeing to hand over the road drainage and other ancillary works of Hongze Lake Business Plaza to Zhai guide for construction, with a decrease of 14%, and the quantities are settled according to the facts.
” The court held that whether Zhai guide could claim the project payment.
