SB Law was involved in protecting the legitimate rights and interests of Vietnam Company in dispute related to the Contract for supply and installation of fire protection and lightning protection systems

Nội dung bài viết

SB Law was involved in protecting the legitimate rights and interests of Company V, a fire protection and lightning protection installation service provider in Vietnam, in a commercial dispute with Company B, a company established and operating in Sóc Trăng City, Vietnam.

Accordingly, on June 1, 2021, the two parties signed a contract to supply and install fire protection and lightning protection systems for a restaurant and hotel project, with Company B as the commissioning company and Company V as the installation company. During the execution of the contract, the two parties had a dispute related to payment and the construction period of the project as stipulated in the contract.

Finding that Company V did not comply with the construction schedule as referred to in the contract, consequently, on June 20, 2022, Company B filed a lawsuit against Company V at the People’s Court of Soc Trang city, Soc Trang province, requesting to cancel the economic contract, and refund all the payment paid to Company V, compensate for damages, and pay the differential costs from signing with another party to complete the remaining installation work.

Upon receiving the request from the client, SB Law Limited Liability Company assigned Legal Executives and Lawyers to be involved in the proceedings as the Client authorized representatives and defender of the client’s legitimate rights and interests in compliance with the regulations of civil procedure law. During the process of solving the dispute, SB Law found that Company B had violated the payment deadline and notification obligations under the contract, leading to the delay in the construction schedule. SB Law therefore advised the client on the counter-claims and other issues related to the dispute to protect the client’s legitimate rights and interests.

On July 19, 2023, the People’s Court of Soc Trang City, Soc Trang Province, held a first instance trial hearing for the case. At the first instance trial hearing, Lawyer Ngo Thanh Hung and SB Law Legal Executive Mr. Dong Khac Tho represented the client and presented their arguments and evidence, including the contract provisions, minutes, and agreements between the parties, and the relevant civil and commercial regulations, to support the defendant’s counter-claims.

After deliberation, the Trial Panel of the People’s Court of Soc Trang City issued a verdict, whereby it dismissed part of the Plaintiff’s claims for compensation for damages and payment of the differential cost from signing with another party to complete the remaining installation work; in addition, the Trial Panel accepted part of the Defendant’s counter-claims related to the cancellation of the commercial contract and ordered the Plaintiff, Company B, to pay the monetary value of all the equipment and materials that Company V had transported to the construction site.

Lawyer Ngo Thanh Hung, Legal Executives Mr. Le Truong Hai, Mr. Dong Khac Tho, and Mr. Tran Gia Hau participated in the advice and representation of the client in this case.

 

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