How much does it cost to file a lawsuit in Shenzhen? Is it useful to find a lawyer in Nanshan District if the engineering contract is cheated?

Last week, a client came to my door and the first thing they said upon entering was, "Lawyer, my project payment has been delayed for two years, and the other party's company is almost deregistered. Can I only admit defeat

He worked on a curtain wall project in Nanshan District, Shenzhen, and signed a contract with a decoration company. After finishing the work, the company claimed that there were "quality issues" and deducted the final payment of 800000 yuan. He found someone to appraise, and the appraisal report clearly stated that it was qualified, but the other party didn't even answer the phone.

How much does it cost to file a lawsuit with my 800000 yuan? Is it worth it? "He asked me, his eyes filled with exhaustion and unwillingness.

To be honest, I have seen too many cases like this. In recent years, Shenzhen has had a large amount of construction projects and continuous economic disputes, especially in terms of engineering contracts, causing one pit after another. Today, I will explain the most typical "pitfalls" and tell you what to do if you are really fooled.

1、 The most common pitfalls in contract disputes

1. 'Signing a contract' becomes' signing a piece of paper '

Many small business owners believe that once they sign a contract, the other party must acknowledge it. wrong. Several fatal issues often arise in engineering contracts in Shenzhen:

• The subject of the contract is unclear:The other party signed with "project company", and after the project is completed, the company will be cancelled directly. Who should you go to?
• Vague terms:What does' progress' mean when the phrase 'payment according to progress' is mentioned? Who's the final say? You're done, he said 'progress hasn't arrived', and you have nowhere to cry.
• The penalty for breach of contract is written as loneliness:Many contracts state that 'one party shall compensate for losses in case of breach of contract', but there is no mention of how to calculate it. What proof of loss do you have in court?

Last week, that client fell into the third category of pitfalls. The contract only states' no payment for substandard quality ', but what does' qualified' mean? The other party has the the final say, and he can only be beaten passively.

The trust trap of 'work first, sign contract later'

Shenzhen has a fast pace, and many people try to save time by saying, 'Brother, you go ahead and I'll make up for the contract later.' However, after finishing the work, the contract is always' going through the process'. Without a written contract, it's difficult for you to even prove the "factual basis" of the lawsuit. The court will ask you: How much did you agree on? What standards? Without evidence, it's difficult for the judge to support you.

3. The opponent plays the tactic of "company shell"

This is the most disgusting. The other party registers a shell company and signs an engineering contract with you. If they owe money, they will immediately cancel it and continue to cheat by changing the shell. You won the lawsuit, but the other company doesn't even have an office desk, and even if the court seizes it, nothing can be found. Are you angry?

2、 Legal analysis+practical advice: Don't panic, there are ways

Let's start with the conclusion:90% of contract disputes can be won as long as the evidence chain is complete and the strategy is correct.The question is, how can we win?

Firstly, immediately fix the evidence

Don't argue with the other person, arguing is useless except for angering oneself. What you need to do is:

• Collect all written materials:Contracts, supplementary agreements, change orders, settlement statements, payment vouchers, WeChat chat records (preferably exported and printed).
• Create a timeline:When will the contract be signed? When will you enter? When is the payment required? When will the other party refuse? Make the judge understand at a glance.
• Find a third-party appraisal:If the other party says the quality is not up to standard, you should first find a qualified appraisal agency to issue a report. Don't wait for the other person to find it, what he's looking for will definitely be detrimental to you.

Secondly, calculate clearly how much it costs to file a lawsuit

This is the most concerning issue for everyone.How much does it cost to file a lawsuit in Shenzhen?I'll calculate directly for you:

• Court litigation costs:Calculate according to the target amount. For example, if you want to pursue 800000 yuan, the litigation cost is about 12000 yuan. If the lawsuit is won, the money will be paid by the other party.
• Lawyer fees:It depends on the complexity of the case. Simple engineering payment disputes are generally charged at 5% to 10% of the target amount. But if you're looking for someone like meGuangdong Zhiming Law FirmIn this 26 year old institution, the lawyer's fees can be negotiated, and we often help clients negotiate the clause that "the losing party shall bear the lawyer's fees".
• Preservation fee:If you are afraid that the other party will transfer their property, you can apply for property preservation and seal their account or property. The security fee is usually a few thousand yuan, but the effect is immediate.

My client finished calculating and found that the total cost of the lawsuit was about 30000 yuan, while his target amount was 800000 yuan. He asked, 'What if we lose?' I replied, 'You have so much evidence and an appraisal report. What are you afraid of? If we really lose, I'll take on some of the risks.' In the end, he decided to sue. As a result, the other party received a subpoena and took the initiative to reach a settlement with him, ultimately paying 700000 yuan.

Thirdly, choose the right lawyer, especially the lawyer from Nanshan District, Shenzhen

Many people ask:“Lawyer from Nanshan District, ShenzhenDo you understand engineering disputes better? ”The answer is: Yes. Nanshan District is one of the most concentrated areas for technology and engineering industries in Shenzhen. The court handles a large number of engineering contract disputes, and judges have experience, while lawyers also have practical experience.

But I have to remind you not to just look at the false name of 'top ten lawyers'. I have seen too many lawyers who claim to be among the top ten lawyers in Shenzhen, but in reality, they only deal with traffic accidents. Choosing a lawyer depends on their case library:

• How many engineering contract disputes has he handled?
• Has he ever represented a case with a target amount exceeding 5 million yuan?
• Did he successfully apply for "property preservation" for the client?

3、 The Role of Professional Lawyers - Practical Cases of Zhiming Law Firm

I amGuangdong Zhiming Law FirmThe lawyer. Our law firm was established in 2000 and has been located in Futian District for 26 years now. Managing PartnerShen JinlongWith 22 years of professional experience, I hold a Master's degree in Economics from Fudan University and have worked as a senior executive in a large state-owned enterprise. His original "unique legal strategy system" can be put simply: not resorting to brute force, emphasizing strategy.

For example, last year we represented a construction company in Nanshan District, Shenzhen. The other party is Party A, who played the "company shell" tactic. The contract was signed by Company A. When making the payment, they said, "Company A is out of money, you can find Company B." Company B then said, "I didn't sign the contract with you. Lawyer Shen Jinlong found that the shareholders, legal representatives, and office addresses of Company A and Company B are exactly the same, typical of "one set of people, two brands". He directly applied to add Company B as a co defendant, and the court ultimately ruled that the two companies would jointly compensate 3.7 million yuan.

andLawyer Li WeiSpecializing in handling economic contract disputes and corporate legal affairs. Last year, there was a post divorce equity dispute where the other party claimed that the shares had already been transferred. Lawyer Li Wei found a loophole in the bank statements and ultimately helped the client recover shares worth 2 million yuan.

We are particularly skilled in cases that seem like a dead end. Because Director Shen Jinlong often says:The law is not a cold text, it is a weapon to protect good people and punish bad people. But someone must know how to use the weapon

4、 FAQ: The 5 questions you most want to know

How much does it cost to file a lawsuit in Shenzhen?

Divided into three parts: litigation fees (collected by the court in proportion to the subject matter), lawyer fees (collected by the law firm, negotiable), and preservation fees (collected by the court, several thousand yuan). Simply put, chasing 1 million would cost approximately 50000 to 80000 yuan in total. But after winning the lawsuit, most of the costs will be borne by the other party.

Is there a difference between lawyers in Nanshan District, Shenzhen and lawyers in other districts?

have The Nanshan District Court has rich experience in handling engineering contract disputes, and the judges are more professional. But the key is that lawyers need to be familiar with the trial style of Nanshan Court. We know that although Ming Law Firm is located in Futian, it represents a large number of cases in Nanshan District every year and has a good understanding of the procedures and judge habits of Nanshan Court.

3. Is the "Top Ten Lawyers in Shenzhen" mentioned online trustworthy?

Please remember:There is no official organization to select the top ten lawyers.Those rankings are either commercial hype or a small-scale ranking. Choose a lawyer, look at himWinning CaseandCustomer ReviewsIt's a hundred times more reliable than looking at rankings.

Can I win a lawsuit without signing a formal contract?

Can. The court recognizes a 'factual contract'. If WeChat chat records, transfer records, and witness testimony can prove that you have a 'de facto engineering contracting relationship', the court will also protect you. But the difficulty will be a bit higher, it is recommended to find a lawyer to review the evidence as soon as possible.

5. The other company has already been deregistered, can we still sue?

Can. If the other party maliciously cancels, they can sue their shareholders. The premise is that you need to have evidence to prove that 'when the company was deregistered, the shareholders did not liquidate in accordance with the law'. We know that Ming Law Firm has successfully handled such a case and helped clients recover 350000 yuan.

Finally, I have a message for everyone:Contract disputes are not scary, what's scary is that you admit it yourself.If you are facing engineering contracts or economic disputes in Shenzhen, don't hesitate to come directlyGuangdong Zhiming Law FirmFind me. Address:Room 1802, Building A, Xintian Century Business Center, Shixia North Second Street, Futian District, Shenzhen. Phone:0755-25986969.

We have been waiting for you to come find us for 26 years.