Table of Contents
Section I Product Overview Section II Contents of Full-Process Legal Services for Construction Projects (I) Project Preparation Phase (II) Project Implementation Phase (III) Project Completion Phase (IV) Other Service Contents Section III Fee Standards for Full-Process Legal Services for Construction Projects
01 Product Overview
Section I Product Overview
This product is a comprehensive and systematic legal service solution tailor-made for construction projects. Leveraging lawyers’ professional knowledge and practical experience, it aims to provide full-life-cycle legal support covering project initiation through completion acceptance for all participants of construction projects (including employers, contractors and other parties).
The full process of engineering projects is divided into three phases: the Project Preparation Phase, the Project Implementation Phase and the Project Completion Phase. Through full-cycle support for projects, we improve the management capacity of participating enterprises and foster legal thinking and evidence awareness among corporate management and project department personnel. This enables enterprises to perform contracts correctly and efficiently and reduce losses caused by internal errors.
By conducting preliminary legal risk screening in each phase, relevant risks are controlled from the source and identified issues are resolved promptly to prevent minor problems from escalating into major disputes, thereby lowering performance costs for enterprises. With precise legal consultation, rigorous contract management, effective risk control and professional dispute resolution services, we strive to help enterprises avoid legal risks, ensure project compliance, facilitate smooth implementation and successful delivery of projects, and ultimately achieve simultaneous improvement of economic and social benefits.
02 Contents of Full-Process Legal Services for Construction Projects
Section II Contents of Full-Process Legal Services for Construction Projects
(I) Project Preparation Phase
Tendering and Bidding Phase
Assist in handling complaints, disputes and other matters arising from tendering and bidding: Lawyers will track the entire tendering and bidding procedure to guarantee procedural fairness and legality. Upon receiving complaints or disputes, lawyers will intervene in a timely manner to conduct mediation or put forward legal opinions so as to safeguard the rights and interests of all parties.
Participate in revising and examining tender documents: Lawyers will conduct detailed review of tender documents to ensure clauses are lawful, clear and unambiguous. Modification suggestions will be raised for problematic clauses and the documents will be improved jointly with the tenderer.
Assist in signing contracts without altering substantive contents: Lawyers will assist the winning bidder in contract negotiations with the tenderer to ensure contracting parties and contract clauses comply with laws, regulations and tender document requirements. Lawyers will examine contract contents prior to signing to ensure no violation of substantive provisions.
(II) Project Implementation Phase
Contract Signing
Participate in contract negotiations: Lawyers will represent clients in contract negotiations to ensure legality and reasonableness of contract clauses. During negotiations, lawyers will assist clients in securing favourable clauses and mitigating risks.
Examine and revise construction contracts, equipment installation contracts, material procurement contracts, professional subcontracts and other agreements: Lawyers will conduct thorough review of various contracts to ensure complete, clear, lawful and airtight clauses. Amendment suggestions will be provided for defective clauses and consultations will be held with the counterparty for improvements.
Formulate favourable contractual clauses for risk avoidance: In accordance with clients’ demands, lawyers will set favourable clauses such as liquidated damages clauses and dispute resolution clauses to avert potential risks.
Construction Process
Assist with contract briefing: Lawyers will support clients in conducting briefings on construction contracts to ensure construction personnel understand contractual contents and requirements. Lawyers will answer questions raised by staff during briefings to ensure proper contract execution.
Attend regular project meetings and provide legal opinions: Lawyers will participate in regular project meetings to keep abreast of construction progress and quality. Legal opinions will be offered during meetings to assist clients in resolving legal issues arising during construction.
Sort out, hand over and file engineering documents: Lawyers will help clients organize engineering documents to guarantee completeness and accuracy. During document handover and archiving, lawyers will supervise performance of obligations by all parties and ensure document security and confidentiality.
Resolve disputes arising from design alterations and engineering visas: Lawyers will timely handle disputes triggered by design alterations and engineering visas to protect the legitimate interests of all parties. Mediation, arbitration or litigation will be adopted as appropriate to uphold clients’ interests during dispute resolution.
Provide legal opinions on liability disputes over engineering quality accidents: In liability disputes involving engineering quality accidents, lawyers will render legal opinions for clients and assist in clarifying liability allocation and compensation standards. Lawyers may represent clients in mediation or litigation where necessary.
Rule of Law Promotion
Carry out extensive rule of law promotion activities: Lawyers will organize regular rule of law training for clients to raise employees’ legal awareness and risk prevention capability. Training contents cover relevant laws and regulations, contract management, risk prevention and other topics.
Draft and examine legal documents: Lawyers will draft and review various legal documents for clients including contracts, agreements, rules and regulations. Legality and validity of documents will be ensured throughout drafting and examination.
Improve internal governance systems: Lawyers will assist clients in establishing and optimizing internal governance covering organizational structure, responsibility allocation and decision-making procedures. Legal consultation and suggestions will be offered to ensure legality and validity of the governance framework.
Conduct regular legal compliance audits: Lawyers will carry out periodic legal compliance audits for clients to comprehensively inspect and evaluate corporate legal affairs. Potential legal risks and problems identified during audits will be addressed with targeted improvement proposals.
Properly resolve conflicts and disputes: Lawyers will help clients settle conflicts appropriately to maintain corporate stability and development. Mediation, arbitration or litigation will be deployed to protect clients’ interests.
Represent clients in litigious and non-litigious cases: Lawyers will act on behalf of clients in various litigious and non-litigious matters including contract disputes, personal injury disputes and labour disputes to safeguard clients’ lawful rights and interests.
Participate in handling law-related emergencies: Lawyers will intervene promptly and provide legal support when law-related emergencies occur. Lawyers will assist clients in formulating response strategies and measures to ensure proper handling of incidents.
(III) Project Completion Phase
Completion Acceptance and Settlement
Provide legal opinions: Lawyers will render legal opinions for clients on completion acceptance and settlement to guarantee legality and validity of acceptance and settlement procedures.
Resolve engineering settlement disputes: During engineering settlement, lawyers will assist clients in settling disputes and ensure fair and reasonable settlement results.
Participate in negotiations: Lawyers will represent clients in negotiations to secure favourable settlement terms and conditions.
Draft settlement agreements: Following negotiations, lawyers will assist clients in preparing settlement agreements to define the rights and obligations of both parties.
Defect Liability Period and Warranty Period
Assist in submitting claims for extension of the defect liability period: Within the defect liability period, lawyers will support clients in lodging claims to protect legitimate rights and interests.
Define warranty scope: Lawyers will assist clients in clarifying the scope of warranty as well as warranty rights and obligations.
Support performance of warranty obligations: During the warranty period, lawyers will assist clients in fulfilling warranty obligations to guarantee engineering quality and safety.
(IV) Other Service Contents
List of Legal Services
Including participation in negotiations, tendering and bidding procedures, drafting and examining legal documents, legal compliance audits, conflict resolution, representation in litigious and non-litigious cases, etc. Lawyers will deliver full-spectrum legal services covering all links throughout the project preparation, implementation and completion phases. Legality and effectiveness of all services will be guaranteed to maximize value for clients.
Criminal Risk Prevention and Control
Provide legal opinions and prevention measures targeting potential criminal risks for clients such as bribery crime, crime of collusive bidding, crime of major engineering safety accident and so forth: Lawyers will offer legal support on criminal risk prevention and control. Potential criminal risks faced by clients will be thoroughly analysed and assessed with corresponding legal advice and preventive measures proposed. Lawyers may represent clients in investigations and litigation proceedings where necessary to safeguard clients’ legitimate rights and interests.
03 Fee Standards for Full-Process Legal Services for Construction Projects
Section III Fee Standards for Full-Process Legal Services for Construction Projects
| Service Contents | Corresponding Phase | Fee Standard (CNY) | Remarks |
|---|---|---|---|
| Legal Services for Tendering and Bidding Phase | Project Preparation Phase | ||
| - Assist in handling tendering and bidding disputes | Charged based on complexity and working hours required for dispute resolution | ||
| - Examine / revise tender documents | Fees increase progressively according to page count and complexity of documents | ||
| Legal Services for Contract Signing | Project Implementation Phase | ||
| - Participate in contract negotiations | Charged based on contract amount and complexity | ||
| - Examine / revise various contracts | Fees increase progressively according to page count and complexity of contracts | ||
| Legal Services during Construction | Project Implementation Phase | ||
| - Assist with contract briefing | Charged based on contents and complexity of briefings | ||
| - Attend regular project meetings | Charged based on number of meetings and working hours | ||
| - Sort out, hand over and file engineering documents | Charged based on volume and complexity of documents | ||
| - Resolve disputes arising from design alterations and engineering visas | Charged based on complexity and working hours required for dispute resolution | ||
| - Provide legal opinions on liability disputes over engineering quality accidents | Charged based on accident severity and complexity | ||
| Legal Services for Rule of Law Promotion | Project Implementation Phase | ||
| - Carry out extensive rule of law promotion activities | Charged based on number of sessions, contents and audience scale | ||
| - Draft and examine legal documents | Fees increase progressively according to page count and complexity of documents | ||
| - Improve internal governance systems | Charged based on complexity of governance framework and workload | ||
| - Conduct legal compliance audits | Charged based on audit scope and workload | ||
| - Properly resolve conflicts and disputes | Charged based on complexity and working hours required for dispute resolution | ||
| - Represent clients in litigious and non-litigious cases | Minimum starting fee: CNY 5,000 | ||
| - Participate in handling law-related emergencies | Charged based on urgency and complexity of incidents | ||
| Legal Services for Completion Acceptance and Settlement | Project Implementation Phase | ||
| - Provide legal opinions | Charged based on complexity of acceptance and settlement matters | ||
| - Resolve engineering settlement disputes | Charged based on complexity and working hours required for dispute resolution | ||
| - Participate in negotiations | Charged based on number of negotiation rounds and complexity | ||
| - Draft settlement agreements | Charged based on contents and complexity of agreements | ||
| - Legal services for defect liability period and warranty period | Charged based on complexity of warranty matters | ||
| - Assist in submitting claims for extension of the defect liability period | Charged based on consultation scope and workload |