k8·凯发天生赢家·一触即发(中国区)官方网站

Hong LU Partner
Real Estate and Infrastructure | Dispute Resolution Special Assets, Restructuring and Insolvency
+86 21 5253 3526 hong.lu@yuanfo.net Shanghai

Hong Lu is a partner at Merits & Tree. Prior to joining M&T, Mr. Lu was a partner at Zhejiang Huxin Law Firm, Shanghai Zhengjun Law Firm, and East & Concord Partners.

 

Since practicing in 2000, Mr. Lu has been focusing on the legal services of construction projects in real estate and infrastructure. He specializes in combining engineering expertise in controlling and resolving disputes over project cost, construction period, and quality, including strategy formulation, business negotiation, finding potential risks, and providing solutions. He has represented several Fortune 500 and listed companies and provided full legal services and litigation agency services for major projects in residential, commercial, office, hotel, plant, recreation, railroad, power, etc. Mr. Lu has served as the drafter of All China Lawyers Association's Operation Guidelines for Lawyers Dealing with Construction Engineering Legal Business, has also served as an arbitrator of many arbitration institutions for a long period of time, has heard and ruled on many cases of construction engineering disputes, and has rich theoretical and practical experience in the handling of arbitration cases in engineering.

Achievements
Dispute Resolution
  • Represented Zhejiang Di Kuang Construction Co., Ltd. in a dispute with Shanghai Century Hui Real Estate Co., Ltd. over the quality of the Shanghai Century Hui Plaza project. Through analysis of the burden of proof and the probative force of evidence, persuaded the Supreme Court not to recognize several appraisal reports submitted by the opposing party, rejecting all claims totaling 368 million yuan .
  • Represented Shanghai Construction Machinery Engineering Co., Ltd. in a dispute with Haikou Century Harbour City Real Estate Co., Ltd. over the construction contract of the Haikou Bund Westin Hotel project. In an unfavorable situation where the initial judicial appraisal of the project cost was only 160 million yuan, ultimately secured a project cost recognition of 230 million yuan from the high court and the Supreme Court, increasing the settlement cost by more than 70 million yuan .
  • Represented Shanghai Construction No. 7 (Group) Co., Ltd. in a dispute with a global leading automotive parts supplier over the quality and schedule of the Shanghai JinQiao Automotive Electronics Expansion and Upgrade project. The opposing party's claim for compensation of more than 43 million yuan was ultimately supported by the Shanghai International Economic and Trade Arbitration Commission for only over 3 million yuan, with a reduction rate of over 90% .
  • Represented Shanghai Construction No. 7 (Group) Co., Ltd. in a dispute with Xing Gang Real Estate Co., Ltd. over the construction contract of the No. 1 Residence project, with a claim amount of about 230 million yuan. By participating in the entire project cost appraisal process, raised 52 objections to the appraisal report, increasing the project cost by more than 20 million yuan, and in the second instance, increased the supported amount by about 26 million yuan .
  • Represented Shanghai Ding Kai Construction Engineering Co., Ltd. in a dispute with Qian Shou Real Estate Co., Ltd. and Run Cheng Construction Co., Ltd. over the construction contract of the Changxing Island 01-04 plot project. Successfully rejected the counterclaim for liquidated damages of more than 65 million yuan for the delay and, despite the employer submitting a bank transfer voucher of 630 million yuan, persuaded the first and second instance courts not to recognize the payment as project funds, still adjudging the two companies to pay the remaining project funds .
  • Represented Shanghai Jun Feng Jia Real Estate Development Co., Ltd. in a dispute with Shanghai Indoor Decoration (Group) Co., Ltd. over the fine decoration project of the Nanxiang Holiday Hotel. After discovering errors in the appraisal method, persuaded the court to initiate a re-appraisal, ultimately rejecting all of the opposing party's requests for project payment and ordering the opposing party to bear the penalties for late completion, quality repair costs, and appraisal fees .
  • Represented Shanghai Da De Tong Real Estate Co., Ltd. in a dispute with Shanghai Highway and Bridge (Group) Co., Ltd. over a residential project construction contract. After full evidence presentation and defense, the opposing party's claim for project funds of 220 million yuan was ultimately supported for only over 90 million yuan, with a reduction rate of over 50% .
  • Represented China Sky Construction Group Co., Ltd. in a construction contract dispute with General Electric of the United States, achieving an arbitration award of "settlement based on the submitted price" at the China International Economic and Trade Arbitration Commission .
  • Represented the actual constructor in a dispute over the Wuxi Xiang Ge Hao Ting project construction contract, obtaining 100% recovery of project funds in the bankruptcy proceedings when both the employer and the contractor entered bankruptcy .
  • Represented Long Sheng Real Estate Group Co., Ltd. in a dispute with Shanghai Jian Xia Investment Development Co., Ltd. and Shanghai Qian Chang Real Estate Co., Ltd. over the acquisition and equity transfer contract of the Jing'an District Datong Base project, with a claim amount of up to 1.5 billion yuan. After going through the first instance, second instance, retrial, and application for protest, all of the opposing party's claims were rejected .
Non-litigation
  • Represented YASHA to provide full legal services for the Disnep Project, Nanjing Yangzi Science and Innovation’s EPC Project;
  • Represented Wu Yang Construction to provide full legal services for Shanghai-Hangzhou High-speed Railway Jiaxing Hub Project;
  • Represented Nantong No. 2 Construction to provide full legal services for Epimax (Xuzhou)’s LED Production Line Construction Project, Max Future Project, TOP Future Housing Project;
  • Represented Donghai Construction to provide full legal services for Qingdao Grand Theatre;
  • Represented Lianghu Construction to provide full legal services for Lianyungang New World Culture City Project;
  • Represented Zhejiang Longsheng to provide full legal services for Shanghai Datong Base Project and Huaxing New Town Project;
  • Represented Shanghai Longsheng to provide full legal services for the operation of Longsheng International Commercial Plaza;
  • Represented Baoye Construction to provide full legal services for Nine Dragons Paper’s Shenyang, Quanzhou Projects;
  • Represented Zhongxin Construction to provide full legal services for Shiliu Group’s Yuelanwan Project;
  • Represented SUPOR to provide full legal services for Shaoxing Base, Binhai Base, and Yuhuan Base Projects.
Honors
  • 2023-2024 Chambers Construction (PRC Firms) - Ranked Lawyers
  • 2024 Legal 500 Real estate and construction: PRC firms - Recommended Lawyer
  • 2022-2024 Benchmark Litigation Construction and real estate: Litigation Star
  • 2015/2017/2019 ENR/Construction Times: Highly Recommended Chinese Lawyers of Engineering Industry
  • The first 100 outstanding professional lawyers in construction in China
Social Positions
  • Member of the Construction & Real Estate Committee of All China Lawyers’ Association
  • Deputy Director of the Research Committee of Legal Practice in Construction and Infrastructure Industries
  • Consultancy Expert on Civil and Administrative Cases of the Supreme People’s Procuratorate
  • Expert of Committee of Legal Services of China Construction Industry Association
  • Director of Shanghai Arbitration Association
  • Arbitrator of Beijing Arbitration Commission / Shanghai Arbitration Commission / Shanghai International Arbitration Center / Shenzhen Court of International Arbitration / Dalian International Arbitration Court, Expert Reviewer of the Xi’an Arbitration Commission
  • Member of the Academic Council of the Law School of Tongji University
  • Adjunct Professor of the Law School of Hangzhou Normal University
  • Off-Campus Tutor of Postgraduate Students of Shanghai University of Political Science and Law
  • Observer of the Permanent Forum of China Construction Law and a member of the 16th Work Group thereof
Education

LL.M., Northwest University of Political Science and Law

Admissions

PRC Bar

Language
Chinese

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