[Casebrief]

In 2012, Cangzhou Port Group signed a construction contract with China Ocean Engineering Construction General Bureau through bidding. The works were divided into four parts and then subcontracted to Tianjin Jinshui Dredging Engineering Co., Ltd. and Tianjin Binhai Yulishi Construction and Installation Engineering Co., Ltd.. Tianjin Shenggang Construction Engineering Co., Ltd. actually completed the main parts of the construction project.The project was completed and acceptedin September 2014,but the interim payment of more than RMB 36 million and the final payment of more than RMB 85 million were not settled in time. In February 2016, Tianjin Shenggang Construction Engineering Co., Ltd. filed a lawsuit in Cangzhou Intermediate Court against the employer, the general contractor and the opposite

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partyunderthecontractintheprojectwithrespecttotheinterimpayment andthefinalpayment. After the first-instance judgment of the interim payment case, Hebei Higher Court ordered a re-trial.After examination, Cangzhou Intermediate Court found that these two cases concerning the project should fall within the jurisdiction of maritime court, and transferred them to Tianjin MaritimeCourt.

[Judicialdecision]

After two court sessions and subsequent mediation, the five parties in this case and other two parties not involved in the case successfully reached a reconciliation agreement, and the paymentamountingtoRMB121millioninthecasehasbeenfullysettled.

[Significance]

The five parties in this case were from different places, respectively Beijing, Tianjin and Hebei, andthe facts were complex, soit was rather difficult to handle. During mediation, the collegiate bench invited the creditors of two defendants under other two enforcement cases handled by other courts to participate in the mediation, and at last the seven parties reached a mediation agreement, so that two additional cases, which were pending for several years, were settled together with this case. Besides, during handling of this case, the collegiate bench took the action of prior enforcement, so that the migrant workers involved got their wages before the Spring Festival, leading to good effect in maintaining social stability and guaranteeing people’s livelihood. This case was selected as a typical case of courts of Tianjin for supporting the coordinateddevelopmentofBeijing-Tianjin-Hebei.