Translator：Wang Yichun
On the afternoon of July 20, 2023, Mr Li Min, Director of the Landing Law Offices’ Fuzhou branch, was invited by the firm’s Shanghai headquarter to present on 'Thought Process and Procedure for Handling Construction Cases (Part One)'. This presentation was the first of a two-part series. The session was presided over by Ms Hu Min, a senior partner and deputy director of the Construction and Real Estate Department at Landing Shanghai.
The session commenced with Ms Hu providing a brief introduction to the theme and the main speaker. Mr Li, a member of the Construction Law Research Team at Fujian University of Technology, has dedicated many years to the study of construction law. As a practicing lawyer on the frontlines, he has managed a significant number of construction cases. The presentation was set to delve into various fundamental aspects of construction engineering contracts, including their validity, actual constructors, subcontracting and illegal subcontracting, duration, quality, and progress. Given Mr Li's extensive experience in handling construction cases, he is well-versed in the court's judgment thinking and the handling of individual cases in this field. His insights into case handling are practical, professional, and instructive.
Mr Li's presentation was divided into three key sections. First, he provided an overview of construction cases and the thought process involved in handling them. Second, he delved into the causes of disputes in construction contracts, the nature of these contracts, and the challenges related to their effectiveness. Lastly, he discussed the topics of actual constructors, affiliation, subcontracting, illegal subcontracting, and agency.
In the first part of his presentation, which focused on an overview of construction cases and agency thinking, Mr Li emphasized the importance of staying updated with the latest trial perspectives from local courts to broaden the scope and pattern of case handling. He provided a year-by-year analysis of case numbers, subject matter amounts, trial periods, appeal rates, and the proportion of judicial appraisals, drawing on data from the Investigation Report on the Trial of Construction Project Construction Contract Disputes.
In the second part of his presentation, Mr Li delved into the causes of disputes in construction contracts, the nature of these contracts, and the challenges related to their effectiveness. He analyzed the root causes of such cases and discussed various types of disputes, including those related to construction contracts, construction subcontracting contracts, and interior decoration contracts. Using several complex cases as examples, Mr Li elucidated the nature of these contracts and the difficulties in judging their effectiveness. He also introduced the types of invalid construction contracts, illegal subcontracting contract types, and the potential consequences of contract invalidity.
In the final part of his presentation, Mr Li discussed the topics of actual constructors, affiliation, subcontracting, illegal subcontracting, and agency. He clarified and differentiated confusing concepts and situations, using a combination of case studies and theoretical explanations to provide a comprehensive understanding of these complex issues.
As the session was drawing to a close, Mr Li gave a preview of the topics to be covered in the second part of the series, 'Thought Process and Procedure for Handling Construction Cases (Part Two)'. The upcoming session will first explore settlement issues, discussing five pricing methods, the reference range for invalid contracts, financial review, submission price, back-to-back, and cost appraisal. The second part will focus on attorney-related matters, including evidence collection and proof, court preparation and response, understanding the judge's mindset, and visual litigation.
Throughout the session, senior partners from the Construction and Real Estate Department, including Xiao Chaowen and Hu Min, along with other attending lawyers, engaged in lively discussions. Drawing from their own case handling experiences, they further examined the content of the presentation. The enthusiasm for the discussion was palpable.
The sharing session, which lasted over two hours, attracted more than 3,000 attendees both online and offline, setting a new record for participation.
