Brief Description of the Case

      On 5 July 2023, Company A of Weihai City and Company B of Zoucheng City entered into a construction contract for the production and installation of building doors for the unit doors of a certain community.Company A, after paying a progress payment of RMB 7,000, found that there were quality problems with the building doors supplied by Company B, and Company B did not rectify the problems even after Company A's supervisors ordered it to do so.Company A could only appoint a third party to dismantle the building doors that had been installed.Company A considered that Company B had failed to perform its obligations as agreed in the contract, and initiated litigation. Company A considered that Company B had failed to fulfil its obligations under the contract and initiated litigation.

Lawyer Intervention

      Company A approached Ruide Law Firm, hoping that the lawyers of Ruide Law Firm could help it safeguard its legal rights and interests.

      Beijing Ruide Law Firm assigned Zhou Dongxue to handle the case.

     Zhou Dongxue is a lawyer with profound legal theory and rich experience in litigation and non-litigation practice. Since the practice has been focused on company business, contract disputes, tort disputes, marriage and family, labour disputes related to consulting and dispute resolution business, and as the legal adviser of a number of companies, in the field of legal services has accumulated a wealth of experience, but also for the customer to provide a full range of high-quality legal services.

    She has also provided comprehensive and high-quality legal services to her clients. She has sponsored many difficult and complex corporate, contract, marriage and family, and labour dispute cases, and safeguarded the legitimate rights and interests of her clients.

After Handling the Case

    Zhou Dongxue lawyer received the case, through the detailed questioning of the specific content of the contract, verification of the contract performance, systematic sorting out the rights and obligations of the two parties. In the process of handling the case, ZhouDongXue lawyer clear several key issues in this case, including: first, company B production and installation of the building door is in line with the standard specification of the contract; Second, company A to terminate the contract is in line with the provisions of the law; Third, company A asked company B to return to have paid the purchase price, the installation fee, and bear the liquidated damages in line with the contract agreement and the provisions of the law. Zhou Dongxue lawyers consult the law, sorting out the facts of the case, that company A meets the legal circumstances of termination of the contract, the claim is reasonable, company B does exist in breach of contract, and ultimately in the first instance, systematically articulated the key issues in this case. In the first instance judgement, the court ruled that the contract between Company A and Company B was effectively terminated on 5 August 2023, and ruled that Company B should return to Company A the payment for the goods, the transportation and installation costs, as well as the penalty for failure to perform in the total amount of RMB 43,570 yuan. Company A and Company B appealed at the same time, and Zhou Dongxue continued to insist on the claims in the second trial, refuting the unreasonable claims of Company B. Eventually, the court of the second trial made a judgement after listening to both parties, rejecting the appeal and upholding the judgement of the first trial, which held that Company B should bear the responsibility for the contractual breach of contract to Company A.

Lawyer Reminder

     Contract disputes are common civil disputes in life and economic interactions, and the relevant laws involved in this case include Article 563 of the Civil Code, which mainly stipulates several legal circumstances for the cancellation of a contract. Article 581 of the Civil Code, on the other hand, stipulates that a party may request a third party to bear the costs of substitute performance if the performance of the contract is defective and the performance cannot be enforced according to the nature of the debt. The key law in this case is Article 781 of the Civil Code, which provides that if the contractor delivers work that does not comply with the contract, the contractor may reasonably choose a way to hold the contractor liable for breach of contract. The lawyer reminds you that when you encounter such contractual disputes over engineering contracts, the first time you should keep the original contract as well as the relevant bills and documents. In the signing of the contract, carefully review the provisions of the quality of the project, in the acceptance of the contract must be strictly in accordance with the acceptance of the contract, in order to retain the evidence in the event of a dispute, more conducive to the lawyer to protect your legitimate rights and interests. In this case, Company A discovered the quality problems in the project in time, retained the relevant evidence, and finally defended its legal rights and interests with the help of lawyers.