Table of Contents
Section I Department Introduction Section II Product Description Section III Product Application Scope Section IV Working Procedures and Service Contents Section V Service Term Section VI Service Mode Section VII Product Value Section VIII Billing Methods
Preface
Amid the rapid economic and social development, infrastructure and real estate construction serve as vital pillars of the national economy with ever-expanding scale and growing complexity. Nevertheless, construction projects feature long cycles, huge investment, numerous participating parties, high technical professionalism and complicated performance links. During contract performance, disputes frequently arise over design alterations, construction schedule delays, engineering quality, project payment settlement and other matters. Such disputes usually involve enormous capital, intricate legal relationships and professional technical judgments. They bear direct impact on enterprises’ core economic interests and pose severe challenges to smooth project progress and corporate reputation.
Given the high specialization and complicated procedural nature of construction engineering disputes, conventional litigation responses often prove inadequate. Massive evidential materials, initiation of judicial appraisal procedures, interpretation of professional terminology, and the in-depth integration of law and engineering technology impose stringent requirements on dispute resolution. Retaining an expert legal team equipped with profound legal attainments and extensive practical experience in the construction engineering sector has become critical for enterprises to effectively manage legal risks, safeguard legitimate rights and interests and even realize strategic development goals.
In view of the above, Guangdong Jintang Law Firm leverages its profound accumulation and elite resources in construction engineering and dispute resolution to launch this legal service product — Litigation Representation Service for Construction Engineering Disputes. More than simple litigation representation, this product constitutes a tailor-made, systematic full-process solution covering forward-looking risk assessment, litigation strategy planning, evidence consolidation, effective court confrontation and post-judgment enforcement protection. We strive to convert complex legal and technical issues into clear litigation thinking and handle every case with meticulous craftsmanship. Through professional, efficient and pragmatic legal services, we help clients resolve disputes, secure favourable outcomes and create value, acting as clients’ most trusted legal partner in the construction engineering field.
We look forward to cooperating with you via this product to tackle challenges together and ensure maximum realization of your legitimate interests within the legal framework.
01 Department Introduction
Section I Department Introduction
The Real Estate & Construction Engineering Legal Department is one of the specialized departments of Guangdong Jintang Law Firm, and a core business department prioritized by the firm to meet market demand for legal services in the real estate sector. The department consists of multiple business teams with nearly twenty staff members in total. Each team boasts distinctive professional strengths and ample practical experience in segmented real estate sectors to satisfy diversified legal service demands of clients.
The Real Estate & Construction Engineering Legal Department focuses on legal services concerning land, real estate, construction engineering, property management, community governance, decoration and renovation and other real estate-related fields. It delivers professional, high-quality and in-depth legal services to enterprises, individuals, government authorities and other institutions engaged in relevant sectors.
The department is headed by a senior partner of the firm, who takes overall charge of business development and quality control. Other senior partners and seasoned lawyers of the firm act as expert consultants to provide support. Meanwhile, the team comprises more than a dozen full-time lawyers, legal assistants and team secretaries, capable of fully meeting and promptly responding to clients’ service demands.
All members of the department are legal professionals holding full-time bachelor’s or master’s degrees from Jilin University, Northwest University of Political Science and Law, Southwest University of Political Science and Law, Wuhan University of Technology and other renowned universities. They possess solid legal foundations and rich experience in litigious and non-litigious legal services, are proficient in laws, regulations and industry practices governing real estate businesses, accurately grasp cutting-edge policies, and deliver professional and efficient legal services to clients in a timely and precise manner.
All staff of the Real Estate & Construction Engineering Legal Department adhere to a client-oriented philosophy. We commit to staying true to our original aspiration and consistently providing clients with high-standard professional legal services. We uphold the principle of “upholding conscience in conduct and pursuing justice in work” as the foundation of our personal and professional practice, and take “securing maximum legitimate interests of clients through comprehensive litigation strategies” as the service tenet of the department.
02 Product Description
Section II Product Description
(I) Provide comprehensive professional consultation and representation services for parties involved in construction engineering contract disputes; (II) Emphasize visualized pre-case analysis and deliver clear, comprehensible litigation schemes for clients; (III) Integrate standard civil and commercial case handling practices with the specialized characteristics of construction engineering disputes.
03 Product Application Scope
Section III Product Application Scope
(I) Target Clients: Mainly project developers, general contractors, professional subcontractors, labour subcontractors and actual constructors; (II) Applicable Scenarios: Contract disputes arising when contracting parties fail to perform obligations in accordance with contractual terms; (III) Legal Matters Handled: Represent clients to respond to lawsuits or claim performance of obligations and liability for breach of contract against counterparties, make every effort to safeguard clients’ legitimate rights and interests, realize clients’ litigation claims or avoid losses.
04 Working Procedures and Service Contents
Section IV Working Procedures and Service Contents
The litigation and arbitration representation process under this product is scientifically divided into four phases covering fourteen core links. Standardized, streamlined and refined management is adopted to guarantee case handling quality and efficiency and offer clients exceptional and reliable professional experience.
Phase One: Strategic Planning and Thorough Preparation
This phase lays the foundation of the case, focusing on overall planning to ensure correct direction and precise strategies.
Engagement Initiation & Conflict Check: Prior to formally signing the Entrustment Agency Contract, strict conflict of interest review will be conducted to guarantee absolute independence and loyalty. Clear contractual clauses define service scope, expected objectives, scope of representation and fee standards, protect clients’ right to know and lay a foundation for trust-based cooperation.
Case Analysis & Claim Definition: Adopt the “One Case, One Team” model led by lead lawyers. Through in-depth initial interviews, site visits and review of all project documents, we gain a full picture of case facts. We guide clients to sort out core commercial demands and accurately convert them into definite and enforceable legal claims.
Evidence Organisation & Systematic Establishment: Implement the evidence list working mechanism to guide clients in systematically collecting documentary evidence, physical evidence, electronic data, audio-visual materials and other relevant proof. Beyond receiving materials, we organise, number, extract and visualise evidence (timelines, relationship diagrams) to build a logically rigorous and probative evidence system, and compile detailed Evidence Schedules.
Legal Research & Theoretical Support: Conduct in-depth legal research relying on professional databases such as Westlaw China and Peking University Law Information Database as well as global academic resources. We issue a Legal Analysis Memorandum covering applicable laws, local regulations and core provisions of judicial interpretations; judgment tendencies of the Supreme People’s Court and the competent court in similar cases; and authoritative academic theories to provide solid theoretical support and strategic basis for the case.
Strategy Formulation & Scheme Confirmation: Based on facts, evidence and research findings, the team conducts internal brainstorming and develops at least two litigation/arbitration schemes (primary scheme and alternative scheme). We hold strategy seminars with clients to comprehensively analyse success probability, costs, timeframes and enforcement risks of each scheme. Clients will make the final decision on the optimal rights protection approach.
Phase Two: Efficient Progress and Pre-trial Negotiation
This phase focuses on strategy execution. Professional legal documents and procedural operations create favourable preconditions for court hearings.
Legal Document Drafting & Pre-trial Preparation: We draft various legal documents on clients’ behalf, including but not limited to Statements of Claim / Arbitration Applications, Statements of Defence, Applications for Property Preservation, Applications for Objection to Jurisdiction. Documents feature clear statement of facts, sufficient legal arguments and definite litigation claims, and will be submitted to the competent authority with high quality within statutory time limits.
Property Preservation to Secure Enforcement: Timely analyse the counterparty’s asset status, draft Applications for Property Preservation, assist clients in providing security, and efficiently initiate sealing, freezing and other preservation measures to safeguard future enforcement results. Meanwhile, we promptly file objections and seek release if clients’ assets are improperly preserved.
Pre-trial Moot Court for Hearing Readiness: For complex cases, internal or expert-aided moot court exercises will be organised. Role-playing helps anticipate opposing arguments, refine advocacy skills and identify weaknesses. A Court Hearing Guideline covering disputed focal points, offensive and defensive strategies and questioning outlines will be formulated to ensure composed performance at formal hearings.
Professional Procedural Negotiation and Judicial Appraisal: For cases involving engineering quality, construction cost and schedule delays, we accurately assess the necessity of initiating judicial appraisal. We draft Appraisal Applications, carefully prepare and submit appraisal materials, supervise procedural legality throughout the appraisal process, professionally examine the appraiser’s qualification, methodologies and conclusions, and raise well-grounded objections in a timely manner.
Phase Three: Courtroom Advocacy and Post-hearing Follow-up
This phase constitutes the core confrontation of the case, highlighting on-site performance and continuous follow-up.
Courtroom Representation & Professional Advocacy: Court appearances are led by partners or senior lawyers with extensive litigation experience. We submit authoritative cross-examination opinions to expose flaws in the opposing party’s evidence; deliver logically rigorous and well-cited arguments centring on disputed issues, clearly present facts and legal positions favourable to our client, and maximise influence on the adjudicator’s judgment.
Post-hearing Briefing to Reinforce Positions: Immediately after hearings, the team reviews court proceedings and the judge’s concerns. A detailed Submission of Arguments or Final Statement will be filed with the court within the prescribed period to upgrade and supplement courtroom arguments, strengthen our claims and remedy omissions in oral submissions, serving as the final key factor affecting the judgment.
Post-judgment Follow-up and Assessment: We track deliberation progress and receive written Judgments or Awards of first instance, second instance or retrial. Upon receipt, we interpret rulings for clients without delay and deliver a professional Win/Loss Analysis Report clarifying options such as appeal and enforcement.
Phase Four: Enforcement Completion and Knowledge Management
This phase ensures realisation of clients’ rights and generates long-term value.
Compulsory Enforcement for Rights Realisation: Where a favourable final judgment is obtained, we immediately act for clients to file applications for compulsory enforcement. We draft Applications for Compulsory Enforcement, investigate the respondent’s asset clues, cooperate with enforcement judges to complete asset seizure, auction and sales until clients’ interests are substantially realised.
Case Closing Review and Archiving: Upon full conclusion of the case, a Case Closing Report will be compiled to comprehensively review handling processes, lessons learned and industry insights. All case materials will be archived both electronically and in hard copy in accordance with filing standards and stored in the firm’s knowledge management system for internal training and case research, continuously lifting the overall professional capacity of the firm.
Through seamless coordination of the above fourteen services across four phases, we promise to deliver not merely one-off litigation representation, but a comprehensive solution with controllable progress, predictable outcomes and maximised value.
05 Service Term
Section V Service Term
The service term shall be determined in accordance with statutory time limits for litigation or arbitration procedures and the handling period agreed under the Entrustment Agency Contract.
06 Service Mode
Section VI Service Mode
Integrated Team Collaboration Service Model. We firmly believe that complicated construction engineering disputes cannot be perfectly handled by a single lawyer. Therefore, we abandon the traditional “single lawyer sole responsibility” model and adopt an advanced integrated team collaboration mechanism. Clients engage not just one lawyer, but a “mini law firm” led by senior lawyers and supported by multi-disciplinary professionals, ensuring professional handling of every link of your case.
We commit that your entrustment covers not only an individual lawyer, but an elite team aligned in objectives, complementary in expertise and working in synergy. Adopting systematic case operation mechanisms, we provide sustained, stable and high-quality legal services to secure favourable results for your case.
07 Product Value
Section VII Product Value
Beyond winning lawsuits: empowerment and peace of mind. What we offer is more than litigation representation, but a comprehensive solution designed to mitigate risks, create value and provide all-round support. Our core value is reflected in three dimensions:
(I) Full Transparent Progress, Delivering Absolute Control to Clients We recognise that uncertainty over case progress is the primary source of client anxiety. We commit to breaking the “black box” of case handling. Systematic communication mechanisms enable you to stay fully informed and act as the core decision-maker.
Exclusive Communication Channel: A dedicated WeChat working group will be established for the case. Team members respond promptly to guarantee barrier-free communication.
Regular Progress Reports: Beyond passive replies, we proactively issue Monthly Progress Reports in standard format, clearly presenting phase outcomes, next-step arrangements and potential risks to keep you updated on the overall situation.
Active Notification of Key Milestones: Any substantial case development (case filing, receipt of opposing evidence, hearing date, judgment service, etc.) will be notified to you within 4 hours together with professional interpretation and recommendations.
Clear Expectation Management: From the outset, we outline the overall case timeline and possible directions, manage reasonable expectations and avoid misunderstandings arising from information asymmetry.
Value Commitment: Transform you from an “anxious waiter” to a “calm decision-maker”, with full-process assurance and control.
(II) Empowerment by Team Think Tank, Formulate and Execute Optimal Strategies The complexity of construction engineering cases demands collective wisdom. We deliver expert-consultation-style services to ensure all strategies undergo thorough deliberation.
Multi-perspective Decision-making: Integrate viewpoints of strategy designers, document drafters, courtroom advocates and process managers to conduct 360-degree case analysis, ensuring strategies feature forward-looking legal judgment and executable arrangements.
Optimal Resource Integration: We act not only as lawyers but also your resource coordinator. Where necessary, we promptly mobilise internal expert databases covering engineering cost, finance and legal affairs or engage external technical specialists to build the most robust evidence chain and advocacy framework.
Moot Court Stress Testing: For major cases, internal moot courts are organised to conduct stress tests and practical drills on litigation schemes, identify loopholes in advance, optimise courtroom performance and minimise uncertainties.
Value Commitment: You receive not merely an individual legal opinion, but a well-considered optimal action plan formulated and verified by an elite team.
(III) Relentless Pursuit of Outcomes, Fully Safeguard Core Legitimate Interests All our work centres on the ultimate goal: securing maximum commercial interests for you within the legal framework. This means not only obtaining a favourable judgment, but also effective realisation of rights.
Commercial Objective Orientation: Our strategy design follows legal logic while fully incorporating your commercial demands (such as maintaining business relationships, rapid capital recovery, reputation management) to seek solutions most conducive to your business development.
Full-process Risk Control: From property preservation to judgment enforcement, we adopt forward-looking risk prevention arrangements and create multiple safeguards to ensure favourable rulings can be converted into tangible benefits.
Technology-enabled Precision: Extensive big data case analysis accurately predicts judicial tendencies and quantifies claimed amounts. Every litigation claim is well-grounded to maximise the likelihood of support by the court.
Value Commitment: We are your persuasive advocate in court and reliable escort in commercial operations. We spare no effort to seize every opportunity to strive for greater benefits on your behalf.
Ultimately, the value of our product lies in alleviating your mental burden via transparent progress management, resolving case complexity through collaborative team expertise, and protecting your interests through relentless pursuit of optimal results. In this legal challenge, you will experience not only professionalism, but also convenience, confidence and peace of mind.
08 Billing Methods
Section VIII Billing Methods
Transparent and flexible pricing for optimal cost-performance. We firmly believe fair, transparent and flexible billing models lay the foundation for long-term trust. To eliminate the pain point of opaque charges under conventional legal services, we reject rigid uniform quotations. Adhering to the principles of controllable costs, value equivalence and risk sharing, we provide multiple optimised billing combinations to ensure every fee you pay generates corresponding value.
(I) Pricing Benchmarks and Basis Our quotations strictly comply with the Measures for the Administration of Legal Service Fees in Guangdong Province and relevant guiding provisions. Fees are refinedly calculated considering the following core factors:
Subject amount involved in the case (fundamental calculation basis);
Case complexity, including intricacy of legal relationships, volume of evidential materials, background of counterparties, and need for professional appraisal;
Estimated working hours and professional manpower input;
Professional competence and experience of assigned lawyers; fees differ for partners, senior lawyers and other practitioners;
Special client requirements such as expedited handling and cross-region representation.
(II) Recommended Optimised Billing Models You may negotiate and select one or a combination of the following models best suited to your case conditions and preferences:
Contingent Fee Arrangement (Full Contingency / Partial Contingency) Mechanism: Basic legal fees plus success/collection commission. Only low basic administrative fees are charged upfront or no advance fees apply. Remuneration will be collected at an agreed proportion after a favourable judgment is obtained and funds are successfully recovered through enforcement. Suitability: Cases with high likelihood of success and clear enforcement prospects, where clients intend to ease upfront financial pressure and align lawyers’ interests with case outcomes. Value: True risk-sharing with clients, motivating us to make every endeavour to maximise your interests.
Phased Fixed Fee Model Mechanism: The litigation process is divided into defined phases such as arbitration/first instance, second instance and enforcement, with fixed legal service fees set for each phase. Suitability: Clients seeking precise phase-by-phase cost control, clear budgets and stable expenditure. Value: Clear and controllable fees without risk of unexpected cost overruns, facilitating corporate financial management.
Hourly Billing Model Mechanism: Hourly rates are specified for lawyers at different levels (partners, lead lawyers, legal assistants). Settlement is based on actual working hours supported by detailed time sheets. Suitability: Legal consultation, preliminary case assessment, non-litigious special projects and other matters with difficulty in pre-estimating workload. Value: Maximum flexibility for occasional or light services; pay only for work completed on a fair basis.
(III) Our Billing Commitments
Transparent Quotation: Prior to signing the agency contract, we provide a Fee Budget Schedule clearly specifying billing methods, calculation basis, phase charges and potential third-party expenses (court fees, appraisal fees, travel expenses) with no hidden charges.
Standardised Contracts: All fee clauses are explicitly incorporated into the Entrustment Agency Contract subject to your confirmation to guarantee your right to know and consent.
Ongoing Cost Monitoring: You may enquire about fee status at any time during service, and regular updates will be provided.
Ultimately, our goal is to enable you to invest in professional legal services with clarity and confidence while jointly pursuing the best case outcome. We are ready to conduct in-depth discussions and customise the most cost-effective billing scheme for you.