Brief of the case
Company A and Company B have signed a number of contracts for the procurement and installation of whole house decoration materials from 2022 to 2023. Company B provides raw materials to Company A for installation, and Company A pays the contract price to Company B as agreed in the contract. During the performance of the contract, Company A has always paid the project money according to the progress of the project completed by Company B. Due to the default behaviors of Company B, such as the inflated price of materials submitted for settlement and examination, fraud in project settlement, and provision of contract goods with defective quality, Company A has not paid the contract price agreed in the contract. Company B then filed an arbitration with the Beijing Arbitration Commission, requiring Company A to pay the remaining contract price of about 1.16 million yuan.
Company A and Company B failed to communicate for many times and sought legal help from Beijing Rude Law Firm. Company A is A perennial cooperative consultant unit of Rude Law Firm. Rude Law Firm provides legal consulting, litigation and other legal services for Company A. In the process of handling the case, through the efforts of many lawyers, Company A and Company B finally reached A settlement under the supervision of the Beijing Arbitration Commission, and signed a settlement agreement. Rude successfully helped Company A reduce its loss of 490,000 yuan and protect its legitimate rights and interests!
Solicitor general
Liu Qiang, the representative of Beijing Haidian District Lawyers Association, the chief legal adviser of Lushang Association, the chief legal adviser of Beijing Changzhi Enterprise, the expert lawyer invited by the "How to Do" column of People's Net, has been the exclusive interview of People's Daily and Beijing Daily, and the director of Haidian District Excellent Law Firm in 2019.
Good at business: labor disputes, legal counsel, commercial arbitration, corporate business, economic disputes, contract disputes, real estate disputes, marriage and family
Service units: International Cooperation Center of National Development and Reform Commission, Chinese People's Liberation Army Academy of Military Sciences, Beijing Guancheng Xinji Real Estate Development Co., LTD., Beijing Berlin International Architectural Design Co., LTD., Beijing Zhiweixian Project Management Consulting Co., Ltd. and other more than 10 service units. Representative of Beijing Haidian District Lawyers Association, chief legal adviser of Lushang Federation, chief legal adviser of Beijing Changzhi Enterprise, invited expert lawyer of "How to do" column of People's Net, has won an exclusive interview with People's Daily and Beijing Daily, and director of Haidian District Excellent Law Firm in 2019.
Lawyer Zhang Yuling, who has passed the national unified legal professional qualification examination, has a solid legal foundation and is familiar with the case handling process. Love lawyer industry, work carefully, practical and hard-working, strong sense of responsibility, team spirit, good service awareness. In the process of studying with lawyers, I accumulated rich experience in case handling, and tried my best to safeguard the legitimate rights and interests of the parties in every case.
Fu Tuo is an intern lawyer, a member of the Communist Party of China, graduated from the Law School of Heilongjiang University, passed the national unified legal professional qualification examination with high scores, has a solid legal theory foundation, and can skillfully use legal language to write and revise documents. During the internship, I assisted practicing lawyers to communicate with parties, sort out cases, hold court proceedings and other services, and assisted practicing lawyers to modify contracts of legal counsel units and consult on legal issues. I am serious and careful, pay attention to details, good at communication and exchange, and strive to do a good job of legal protection for the parties and provide better legal services.
Process of handling a case
After A comprehensive analysis of the case of Company A, Lawyer Liu Qiang, lawyer Zhang Yuling and intern lawyer Fu Duo believed that Company B had breached the contract, so they filed a counterclaim for arbitration with the Beijing Arbitration Commission and prepared detailed evidence materials. At the trial, the Beijing Arbitration Commission hoped that both sides could take a step back and reach a settlement under the auspices of the Arbitration Commission. Lawyer Liu Qiang, lawyer Zhang Yuling and intern lawyer Fu Duo fully communicated with Company A, understood its real will and psychological expectations, and fought hard in the mediation work presided over by the arbitration Commission to maximize the interests of Company A, and finally signed a settlement agreement with Company B.
Outcome of case
Lawyers Liu Qiang, Zhang Yuling and Fu Duo demonstrated clear logical structure and excellent negotiation skills in the mediation process. In the end, the two parties to the dispute signed A settlement agreement, the two parties to solve all disputes in A package, Rude law firm successfully helped A company to reduce the loss of 490,000 yuan, to protect the legitimate rights and interests of A company!
Lawyer's reminder
Various conflicts and disputes may occur in the operation of the company. In practice, it is often the case that the partner in this case violates the contract first, commits fraud in the process of performing the contract, provides the contract goods with defective quality, but demands to pay the entire contract price, which will affect the progress and quality of the company's project, and thus impact the normal operation of the company. In case of such problems, it is recommended that the company keep relevant evidence, contact professional lawyers in time to defend their rights, and solve disputes through legal channels with the help of lawyers. This can not only maximize the rights and interests of the company, but also reduce the company's time cost and avoid litigation.