The law firm Cheongchul (Responsible Attorneys: Park Jong-han, Bae Gi-hyung) represented the owners to claim the full refund of the construction costs from the contractor and separately sought compensation for the restoration costs due to faulty construction, and successfully obtained a favorable judgment. 

The client recruited a contractor to demolish the existing building on their land and construct a new building, and entered into a construction contract with the opposing contractor. However, the contractor proceeded with the foundation and piling work differently from the design drawings, resulting in faulty construction. The client requested the contractor to rectify the incorrect piling work, but the contractor responded by claiming that the incorrect piling was due to mistakes in the design documents. Ultimately, the client notified the contractor of the termination of the construction contract and demanded a full refund of the construction costs paid, but the contractor countered by demanding payment for the work already performed.

The law firm Cheongchul represented the client and claimed the full refund of the construction costs already paid to the contractor as unjust enrichment, while also seeking damages for the contractor's improper construction progress and responding to the contractor's counterclaims.

The law firm Cheongchul first applied for evidence preservation concerning the construction work performed by the contractor and obtained favorable evaluation results for the client.

Thereafter, Cheongchul, in the main lawsuit, argued (i) that the client provided the design documents to the contractor at the time of signing the construction contract, (ii) that it was confirmed by the evidence preservation evaluation that the construction executed by the contractor did not conform to the design documents and constituted faulty construction, (iii) that the faulty construction performed by the contractor was so incorrect that it made the continuation of construction impossible, therefore no payment for work already done could occur, and (iv) that the contractor was liable to compensate for the costs required to restore the faulty construction. The court accepted Cheongchul's opinion and fully granted the plaintiff's claim, and the defendant withdrew their counterclaim.

Law firm Cheongchul has significant meaning in that it used an obscure evidence preservation procedure to protect the client's legitimate interests before proceeding with the main lawsuit, leading to favorable evaluations for the client, and then proceeded with the main lawsuit based on those evaluation results, resulting in a favorable judgment.

In this way, cases of construction and real estate litigation require different issues, legal principles, approaches, and strategies compared to other civil cases, so it is essential to seek the assistance of an attorney with specialized knowledge and experience in the field.

If you need solutions regarding construction and real estate-related disputes, please feel free to contact law firm Cheongchul.