To help construction enterprises enhance their awareness and capacity for creditor's rights protection, effectively prevent and mitigate risks, and better coordinate enterprise development and security, from October to November, the China Association of Construction Enterprise Management (hereinafter referred to as "CACEM") and Jianwei Law Firm (hereinafter referred to as "Jianwei") jointly carried out four sessions of creditor's rights protection consulting services for engineering construction enterprises. Expert groups from Jianwei's four major regions—East, South, West, and North—provided thematic presentations and Q&A services for engineering construction enterprises.
Following the successful holding of the East, North, and West regional events, the South regional event was successfully held on November 30, 2024, at the Guangzhou Municipal Zhonghuan Building. Senior experts from Jianwei shared valuable experience and practical suggestions with enterprises through keynote speeches, roundtable forums, and on-site exchanges.
As a representative of industry enterprises and co-organizer, Liu Zhiqiang, Deputy General Manager and General Counsel of Guangzhou Municipal Group Co., Ltd., in his speech introduced the successful practical experience of Guangzhou Municipal Group Co., Ltd. in legal risk prevention and control and compliance management. He believes that enhancing enterprise risk management in areas such as creditor's rights protection helps safeguard the steady and high-quality development of enterprises.
Zhang Guoyi, Deputy Secretary-General of CACEM, stated that the characteristics of the number, amount, chain, and structure of creditor's rights in the current engineering construction industry are increasingly exerting negative impacts on enterprises. Properly handling creditor-debtor disputes and strengthening cooperation with professional forces are key to ensuring the steady and far-reaching development of enterprises.
Qing Wenfeng, Director of the Legal Affairs Division of the Department of Housing and Urban-Rural Development of Guangdong Province, shared at the event the content, phased achievements, and challenges of the current "head-to-head" litigation and mediation mechanism pilot in Guangdong Province in the housing and urban-rural development field. She stated: "The 'head-to-head' litigation and mediation docking mechanism features 'one docking, nationwide coverage,' opening up a convenient and efficient resolution path for enterprises."
Lawyer Zhu Shuying, Dean of the Jianwei Research Institute, in his speech titled "New Characteristics and New Requirements of Engineering Claims in the Context of Economic Downturn," conducted an in-depth analysis of the new challenges and new requirements encountered in the field of engineering claims against the current economic situation. Citing multiple successful claim cases in Shanghai and other places as references, Zhu Shuying provided effective experiential references to the attending representatives of construction enterprises. In addition, Zhu Shuying proposed that a dispute review mechanism should be established to combine creditor's rights confirmation and creditor's rights resolution, jointly forming a creditor's rights protection system for enterprises.
Qiu Yongqin, Manager of the Enterprise Management Department of Guangzhou Municipal Group Co., Ltd., based on the practical experience of the Municipal Group, shared "Municipal Practice and Reflections on Creditor's Rights Protection in Engineering Construction Enterprises," introducing the company's successful strategies and profound insights in creditor's rights protection.
Several frontline experts from Jianwei respectively discussed key issues of widespread concern in the industry in recent years, such as difficulties in enforcing construction project payments and the risks of debt-for-property arrangements.
Lawyer Gu Zengping, Senior Partner of Jianwei's head office, analyzed the root causes of enforcement difficulties from a legal perspective and shared practical key points in enforcement from aspects including jurisdictional courts, selection of enforcement applicants, debt-for-property arrangements, realization of construction project priority compensation rights, enforcement objections, and lawyer investigation orders. Lawyer Lan Xinhong, Senior Partner of Jianwei's Shenzhen branch, combined with cases to deeply explain the precautions in each stage of debt-for-property contracts—from signing and performance to realizing construction project payment priority rights through debt-for-property arrangements—and profoundly distinguished the different legal effects under circumstances of whether the debt is due or not, emphasizing how to prevent legal risks under the current real estate logic. The subsequent roundtable forum was moderated by Lawyer Dai Yongjian, Director of Jianwei's Changsha branch. Director Yuan Haibing, Director Zuo Xingliang, Lawyer Zhou Zhifang, and Lawyer Zhang Dekui from Jianwei's South region conducted in-depth discussions on the recovery paths for unpaid project payments under the current situation. The entire roundtable forum had a lively atmosphere, with attendees actively participating in interactions.
In the afternoon exchange session, multiple lawyers participating in the event shared practical experience on topics of common concern to construction enterprises, such as project payment recovery and arbitration of disputes in the real estate construction engineering field. Expert group members from Jianwei's South region branches in Changsha, Nanning, Nanchang, Shenzhen, Dongguan, and Guangzhou conducted in-depth face-to-face exchanges with attending enterprises on site. The lawyer experts carefully answered the problems encountered by enterprises in construction payment creditor's rights protection and legal rights safeguarding, and provided professional legal opinions and suggestions. Attending enterprise representatives generally reported that this exchange event provided great help in solving practical problems for them, and they gained a great deal.
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