The People's Court of Chaoyang District, Changchun City, has always adhered to and developed the "Fengqiao Experience" in the new era, guided by the concept of active justice in the new era, to promote the substantive resolution of disputes and help escort the business environment under the rule of law. Recently, the Civil Trial Division of Chaoyang District Court efficiently mediated a construction contract dispute, which promoted the low-cost resolution of the enterprise-related dispute of more than 70 yuan and helped the enterprises involved in the lawsuit to enter the track of benign development as soon as possible.
[Brief facts of the case].
This year, after winning the bid for the wear-resistant floor construction project in a factory building contracted by the defendant Company B, the defendant Company A subcontracted the project to the plaintiff and signed the Project Construction Contract. The plaintiff completed the construction of the project in accordance with the contract and delivered it to use, but the defendant company A only paid part of the project price to the plaintiff, causing the plaintiff to sue company A and company B to the court, requesting the two defendants to pay 741603 yuan for the project according to the actual amount of work completed and pay interest.
[Efficient mediation].
After receiving the case materials, the presiding judge Han Ling immediately began to analyze and judge the case, and found that there were great disputes between the two parties on the scope of the project, the amount of work completed, the quality of the project, and the loss of the nest work. If the appraisal procedure is initiated, it will not only take a long time and be costly, but also not conducive to the substantive resolution of the dispute. To this end, the judge decided to organize both parties to go to the project site to actually measure and confirm the quantity of the project, and use this as a breakthrough to explain the law and reason, and guide the parties to resolve the dispute through negotiation.
With the goal of substantively resolving conflicts and resolving disputes at one time, the presiding judge has organized communication between the two parties for many times, and guided the two parties to reach a practical settlement plan from the perspective of saving litigation costs, improving the efficiency of dispute resolution, and not affecting the production and operation of the enterprise.
In the end, the defendant and the plaintiff reached a settlement agreement to pay the project price in full, and the plaintiff took the initiative to withdraw the lawsuit, so as to resolve the enterprise-related disputes with the best plan and the best effect.
Author: Li Jiannan.
Editor-in-charge: Chu Hui.