On July 19 2013, the Justice Department of Jiangxi, commissioned by the Organizing Department of Jiangxi Provincial Committee of CPC, appointed Wang Fuchun to preside over a dispute resolution board in Nanchang to resolve contract disputes for a construction project. Attorney Wang is a member of Dacheng Specialist Committee of Real Estate & Construction and director of Real Estate & Construction Division, Dacheng Nanchang Office. He was picked for his expertise, efficiency and impartialness in handling disputes.
Jinggangshan Education base was a government-funded construction project affiliated with the Organizing Department of Jiangxi. The government entrusted Jiangxi Province Architectural Design & Research General Institute to take charge of the project, which in turn contracted the construction task to a Guangdong-based company. In the course of dispute review, Attorney Chen Zhigang from a Guangdong-based law firm representing the contractor, President Liu Xiaotan of the design & research institute and its in-house legal advisor representing the developer and President Pei Hongwei of Jiangxi Caders Institute of the Provincial Organizing Department representing the project owner, put forward their claims with supporting facts and evidence including contracts, construction drawings, inspection records and financial audits, etc.
Attorney Wang, a man of profound legal expertise in the construction industry and rich experience in arbitration and litigation, informed relevant parties of legal issues involved in the case in the first place. These legal issues included legal requirements on government procurement, tendering and bidding; legal character of government-funded construction project entrusted to another party; legal validity difference between fiscal audit and judiciary accounting, social influence of inspection by tax authorities and quality supervisory agencies, determination of contract performance place if unprescribed within contracts, and choice of jurisdiction of court. Then he pointed out all parties’ contractual obligations and legal risks for breach of contract. Finally, by referring to relevant provisions, evidence and precedents, he suggested a fair and reasonable dispute settlement proposal to resolve the disputes. His effort made the parties involved agree on a compromise rather than resorting to litigation. Attorney Wang’s habitual style of work, i.e. by closing a dispute with each party satisfactorily reconciled through fair arbitration, has yielded positive results in legal, political and social terms. His dispute settlement proposal was highly commended and respected by all parties.
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