Department Profile
The Real Estate and Construction Legal Affairs Department is one of the professional legal affairs departments of Guangdong Jintang Law Firm. It is also a core business department that the law firm focuses on building to meet the market demand for legal services in the real estate field. The department is composed of multiple business teams with a total of nearly 20 people. Each team has its own professional advantages and sufficient business practice experience in the subdivision of real estate business, meeting various legal service needs of clients.
The Department of Real Estate and Construction Legal Affairs specializes in providing legal services related to real estate, including land, real estate, construction projects, property management, community governance, decoration and renovation. It can provide professional, high-quality, and in-depth legal services for enterprises, individuals, government agencies, and other institutions in this field.
The Legal Affairs Department of Real Estate and Construction Engineering is headed by the Senior Partner of the law firm, who is fully responsible for the team's business development and quality control, and is supported by other Senior Partners and senior lawyers of the law firm as expert advisors. At the same time, the team also has more than ten full-time lawyers, legal assistants, team secretaries, and other personnel who can fully meet and respond to clients' service needs in a timely manner.
The members of the Real Estate and Construction Legal Affairs Department are full-time undergraduate or master's degree graduates from Jilin University, Northwest University of Political Science and Law, Southwest University of Political Science and Law, Wuhan University of Technology, etc. They have a profound legal background and rich experience in litigation and non litigation legal services. They are proficient in the laws, regulations, and industry practices in the field of real estate business, able to accurately grasp cutting-edge policies, and provide professional and efficient legal services to clients in a timely and accurate manner.
All members of the Real Estate and Construction Legal Affairs Department adhere to a customer-centric approach and promise to remain true to their original intention, providing professional and high-quality legal services to customers as always. We take "caring for conscience and doing things in accordance with justice" as our basic principles for standing and practicing, and "using the most comprehensive litigation strategies to protect the maximum legitimate rights and interests of the parties" as our departmental service purpose.
Service Areas
Business Domain
Ø Urban renewal, land preparation, and housing expropriation
Ø Legal services related to the bidding and tendering process
Ø Legal services for the entire process of engineering construction
Ø Legal services for the entire process of real estate development
Ø Contract disputes such as cooperative construction and entrusted construction
Ø Disputes over leasing or buying and selling of construction equipment and materials
Ø Disputes over land transactions or land leases
Ø Disputes over ownership of parking spaces and garages
Ø Property service contract dispute
Ø Disputes over decoration and renovation contracts
Ø Disputes over construction contracts in construction projects
Ø Disputes over Housing Lease Contracts
Ø Disputes over property purchase and sale contracts
Development summary and planning of the department
1. The specialized legal services provided by the department are more comprehensive and professional. Currently, the team can handle litigation and non litigation legal affairs, including but not limited to urban renewal, land preparation, demolition compensation, land transfer and assignment, construction projects, decoration and renovation, real estate buying and selling, housing leasing, property rights confirmation and derivative disputes, property service disputes, owner disputes, legal advisors for enterprises and government units, business negotiations and settlements.
2. The department has more members and clearer responsibilities, allowing for independent analysis and handling of cases. The current team members include practicing lawyers Wang Panfeng, Li Feng, He Lianghui, Wang Guanchun, and Chen Guo; Intern lawyer Wang Ning; Team Secretary Chen Yao; We will continue to recruit excellent practicing lawyers and intern lawyers to join the team; At present, the team has made great strides in development, and each person has established their own strengths and litigation expertise. At the same time, they have high work passion and team cohesion, and are able to independently handle litigation cases and provide effective legal service opinions.
3. The department's business system is more mature, service processes are more standardized, and there are more stable and long-term cooperative customers. At present, team members are able to achieve standardized, timely, and comprehensive customer service processes and standards. Customers who have worked with them tend to maintain long-term stable cooperation, and more and more customers are repurchasing legal services.
4. The team's case volume and performance have doubled. Although greatly affected by the epidemic this year, team members still worked together and fully utilized their own initiative. Each had their own customer introductions and was able to cooperate with the business department, marketing department, and other colleagues to provide customer negotiations and introductions to the maximum extent possible. Not only did customer acquisition increase, but the quality of cases and customer trust also made significant progress.
5. In the coming year, the department will continue to adhere to the concept of "using the most comprehensive litigation strategy to safeguard the maximum legitimate rights and interests of the parties", and make new investments and expansions in the fields of construction projects and land, further enhancing the visibility of the department and its members in this field; At the same time, fully utilizing the resource advantages of platforms such as chambers of commerce and associations, achieving mutually beneficial and trustworthy cooperation, and improving customer recommendation rates; We will also maintain an open and cautious attitude towards the expansion of team members, striving to recruit two to three practicing lawyers and one intern lawyer again to expand the team's strength.
Classic Case（1）
Case Name: Construction Contract Dispute between China Construction S Company and G Real Estate Development Company.
Case Summary:
G Real Estate Development Company developed and constructed a certain real estate project, and subcontracted the overall construction project to China Construction S Company. The overall construction project has been completed, accepted, and settled. However, after settlement, the real estate development company did not pay the full amount of the project as agreed, and still owed nearly 100 million yuan. At this time, G Real Estate Development Company and its shareholders were already at serious risk of bankruptcy, and the industry and commerce also showed a large amount of debt and litigation. How to ensure the contractor's priority right to compensation and directly recover the unexpired warranty deposit is crucial. Afterwards, the client, China Construction S Company, contacted our legal team for consultation and communication. Our legal team has previously handled a large number of construction engineering litigation cases involving this type of dispute. We are very familiar with the judgment rules, handling points, and litigation skills of such disputes. Based on this, the team has conducted thorough research and analysis on the difficult issues of the case, and finally formed a complete and rigorous litigation plan.
Case handling result:
经充分研究和进行大量的类案检索及法规检索，最终中建S公司不仅完整实现了施工人的优先受偿权，而且未到期的质保金由于合同约定的质保期超过法律规定而应视为已到期并最终由法院判令G房地产开发公司一并退回质保金，并根据公司法关于一人股东的责任承担问题的法律规定，最终判令G房地产开发公司的全资股东承担连带偿还责任，为本案债权的实现提供有力的保障。
Classic Case (2)
Case name: Dispute between A Property Committee and B Real Estate Development Company over Property Service Housing.
Case Summary:
Our legal team represents B company as a construction and development unit. B company developed and constructed the involved community in 2007. The community management committee believes that B company did not provide property service housing in accordance with the law and has filed a lawsuit to the court, demanding that B company provide property service housing free of charge and pay more than 1.5 million yuan for the occupancy fee of the property service housing. In addition, as the involved community did not reserve 145 square meters of property service housing for use, if B company is ordered to compensate for the property service housing, it will suffer huge losses based on the current housing price.
Case handling result:
The case revolves around whether Company B has an obligation to provide property management properties free of charge. The plaintiff, A Property Committee, submitted a "Shenzhen Real Estate Sales Contract" signed between some owners and Company B, which stipulates that Company B should allocate property management properties that belong to all owners.
Our legal team has thoroughly researched and conducted extensive case and regulatory searches, as well as familiarized ourselves with the "Shenzhen Special Economic Zone Residential Area Property Management Regulations" and its "Implementation Regulations" over the years. We have organized an evidence chain and conducted sufficient argumentation and research, ultimately forming a complete and rigorous litigation plan that proves the timeliness of the laws applicable to Company B. According to the non retroactivity of the law, Company B does not have an obligation to provide property services for free. This case was ruled in favor of Company B in both the first and second trials.