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不忘初心 法律同行
Stay true to the original intention and give play to the role of law
诉讼类
Litigation
• 中国机械工业建设集团有限公司实际施工人夏某 1000 多万元工程纠纷案获胜诉
• 昆明某园林工程公司 5600 万元工程款优先权获法院支持
• 开发商未获批准先交付,法院判决应赔偿违约金合计 500 多万元
• 某工程建设有限公司 5000 多万元工程款纠纷案,通过发回重审,1000 多万违约金获
法院支持并执结
• 商砼购销合同纠纷违约金纠纷二审终获改判
• 历时两年有余的山梨酸钾产品质量纠纷案,河南省高院改判,宁波某公司仍无须承担
责 任
• 车库净高有行业标准获法院支持
• 小区规划车位业主共有获法院支持
• 代理宁波某置业公司交付房屋因地基下沉业主集体退房案成功办理,修复无需退房
• 房客违法储存易燃品引发火灾,物业公司无需承担责任
• 成功代理浙江某建设有限公司与恒大上海某公司 1.39 亿元建设工程纠纷案
• 代理某司 6500 余万元厂房起诉施工单位不配合办理竣工验收和备案手续一案胜诉
• 代理股东与公司 3000 余万债权纠纷案胜诉
• 某施工单位因施工质量问题增加的工程价款,通过我所代理,二审法院依法改判建设
单位无需承担
• 慈溪小家电企业与广东某电器公司专利侵权纠纷成功维权
• 宁波某工程公司与上海某建设集团有限公司建设工程纠纷索赔成功
• 成功代理女方一审、二审和再审,依法分割了上亿财产并获得了精神损害赔偿;
• 成功代理买受人,在仅支付 2 万定金的情况下,判决价值 200 万元的房屋过户;
• 专 业 分 包 合 同 既 有 采 购 材 料 又 有 专 业 工 程 ,分 包 人 主 张 支 付 材 料 款 的 ,依 法 不 予 支 持 ,
代理施工总承包单位胜诉。
• 经过审批的项目,占用了第三人土地,第三人起诉返还土地并主张损失的,人民法院
不予支持,代理建设单位胜诉。
• Won the lawsuit of Xia’s engineering dispute worth of more than RMB 10 million, actual
constructor of Sino Construction
• Supported by the court for the priority right of engineering payment worth of RMB 56 million of
a landscape engineering company in Kunming
• Developer delivered houses to the buyers without approval and the court made judgment on
the compensatory damages in breach of contract worth of more than RMB 5 million
• A dispute over the engineering payment worth of more than RMB 50 million of an engineering
construction company, and compensatory damages in breach of contract worth of more than
RMB 10 million was supported by the court and settled through remanding a lawsuit for a new
trial
• A dispute over the compensatory damages in breach of contract for commercial concrete
purchase and sales contract, and the judgment was revised in the second trial
• The judgment of a dispute over the quality of potassium sorbate products that lasted for more
than two years was revised by the Henan Provincial High Court, and a company in Ningbo
remained free from liability
• The net height of the garage followed the industry standards, which was supported by the court
• Community planning for shared ownership of parking spaces by owners was supported by the
court
• Acted as an agency and successfully handled the collective refund case of property owners due
to foundation subsidence delivered by a real estate company and it was judged by the court
that the real estate company should repair the building and property owners should not require
refund
• The property management company was not held responsible for the fire caused by tenants’
illegal storage of flammable materials
• Acted as an agency and successfully handled a case of the dispute over the construction project
worth of RMB 139 million between a construction company in Zhejiang and a company in
Shanghai under Evergrande Group
• Acted as an agency for a company and won the lawsuit worth of more than RMB 65 million
against the construction company for the latter’s failure in project acceptance and registration
procedure
• Acted as an agency for the shareholder for the dispute over the creditor’s rights worth of more
than RMB 30 million against the company
• Acted as agency for a contractor for the dispute over the additional project costs required by the
construction unit arising from quality improvement and the judgment was revised by the court
and the contract was not held responsible for the additional costs
• Successfully defended the rights of a small household appliances company in Cixi for the
dispute over the patent infringement with an electrical appliances company in Guangdong
• Successfully handled a dispute over the compensatory damages in breach of contract between
an engineering company in Ningbo and a construction group company in Shanghai
• Acted as an agency for the female party in the first and second instances as well as retrial in
a divorce case, dividing billions of property and winning compensation for mental damage
according to law
• Acted as an agency for the buyer and awarded by the court a transfer of property worth of RMB 2
million when only a deposit of RMB 20,000 was paid
• The professional subcontracting contract includes procurement of materials and engineering
construction. The subcontractor requested payment of material costs. Acted as an agency for the
general contractor and won the lawsuit. The request of the subcontractor was not supported by the
court.
• A project with approval occupied the land of a third party. The third party filed a lawsuit, requesting
the return of the land and claiming losses, however, the court did not support. Acted as an agency
for the contractor and won the lawsuit.
铭生所在过去的三年里受理案件五千多件,
涉及标的近四百亿。平均每年受理上千件民
事案件上,上百件刑事案件、仲裁案件,还
有大量的行政案件、非诉讼案件等。在办理
的各类案件中有大量的经典案例,诸如:
Over the past three years, Zhejiang Mingsheng Law
Firm has handled over 5,000 pieces of litigation
and non-litigation cases, which involve subject
matters that run up to nearly RMB 4 million. Every
year, it handles more than 1,000 pieces of civil
cases, hundreds of criminal cases, arbitration
cases as well as a large number of administration
and non-litigation cases. It has handled many
typical cases, such as
经典案例
Classic Cases