The days passed quickly, and it was almost November before I knew it.

On November 14, special meetings on applying for housing reform pilots, urban planning and design, and Feitian and Sihai business and trade processing were all held as scheduled in the afternoon. Chu Tianqi attended the three meetings separately and gave important instructions. At the meeting, he talked about the importance of their respective matters, also pointed out the relationship between the success or failure of this work and each participant, focused on the bright prospect of the future, and finally put forward a request for all team members to cooperate with the work of the organizing committee office.

After the meeting, the work was officially launched.

The pilot application work is uniformly reported by the prefecture-level cities, so Chengkang City first handed the report to the Dingye Municipal Government, and asked Dingye City to review the qualifications. As the actual operator of this project, Sanyuzhou actively contacted and communicated with the relevant person in charge of Dingye City.

Urban planning work, now Chengkang City has only one big idea of planning and development, and it also needs professional institutions to carry out planning and design, and then approved by Chengkang City, and then approved by the provincial government. Now Zhou Jialin has submitted the planning requirements to the Hexi Provincial Planning and Design Institute, and the design institute has accepted the task. The design institute has already begun to demonstrate the nature of urban development and estimate the size of the population.

For the first two tasks, Chu Tianqi only presided over the special meeting, and Chang Yuzhou and Zhou Jialin went to operate them respectively, listened to the reports of the two, and occasionally asked individual details.

For the Feitian and Sihai projects, Chu Tianqi not only presided over the special meeting, but also studied the ways and steps to deal with Cao Jinhai and several people such as the government legal adviser. It took two consultations before a consensus was reached. In fact, Chu Tianqi already had a general idea in his heart, but for the sake of prudence, he still let these people fully express their opinions to avoid inconsiderate consideration. What's more, he doesn't want to expose his true thoughts, let alone let people know about his holiday with Zhang Pengfei. Now, according to the negotiated ideas, the legal counsel has sent a lawyer's letter to Hexi Pengyan Construction Company in the name of the Chengkang Municipal Government, requiring Pengyan Company to negotiate with the Chengkang Municipal Government within five days of receiving the letter. The lawyer's letter was sent by courier, and the other party should receive it in two days, and it is estimated that the reply letter is also on the way.

"Tuk tuk", a knock on the door sounded, interrupting Chu Tianqi's train of thought.

Looking at the direction of the door, Chu Tianqi said, "Come in."

Secretary Li Ziteng walked into the room, came to the front, and said directly: "Mayor, Director Cao and the permanent adviser are here, and they want to report their work." ”

Chu Tianqi said, "Let them come over now." ”

Li Ziteng agreed and withdrew.

Soon, Cao Jinhai, the director of the urban construction bureau, and Chang Sheng, the government's legal adviser, arrived, and after getting permission, the two sat down on the sofa. Before sitting down, Cao Jinhai gave Chu Tianqi a piece of paper.

Chu Tianqi saw from the back that this was a reply letter from Hexi Pengyan Construction Company, and the payment time was November 21. He took it in his hand and read it silently:

"Chengkang Municipal People's Government: You sent a letter on November 17, and our company has received it on the 19th. Our company has objections to the paragraph of "consultation with the Chengkang Municipal Government" proposed in the letter. In the construction contract signed with you, the fourth paragraph of Article 5 clearly stipulates that "after the acceptance of the sub-project, Party A shall pay Party B all the project price for the acceptance part within three days". However, after the acceptance of the fourth sub-project, you did not pay the full amount of the project as agreed. In response to your breach of contract, our company has sent letters in a row within two weeks urging you to pay the amount you owe, but has not received the corresponding payment and has not sent any reply.

In the unavoidable circumstances, our company chose to suspend work and left most of the personnel waiting to resume work. Our company negotiated with you with great sincerity, but your representative only met once, did not give any reply, and did not have any sincere action, so he avoided not meeting again. Our company had to choose to completely stop work, but still left some important personnel stationed at the construction site, and these personnel stayed for a full 172 days. During the shutdown, our company lost a lot of manpower and material resources, and paid a huge amount of liquidated damages, especially the company's reputation was seriously damaged, and the indirect losses were immeasurable.

Our company is very happy to receive your letter this time, which shows that you have a certain sincerity, and our company cherishes this sincerity. However, you only proposed to 'negotiate with the Chengkang Municipal Government within five days' and did not correct the previous breach of contract, which is obviously not sincere. Of course, it may also be that your personnel change frequently, and there is no good formal handover, and the new Party A representative is not familiar with the situation. In response to this possibility, we propose the following conditions:

1. Pay the arrears within seven days of receiving the letter; 2. Pay the arrears at the same time, and pay the liquidated damages for failure to pay the project money on time in accordance with the third paragraph of Article 9 of the contract; 3. Pay the indirect losses and liquidated damages caused by the suspension of our company; 4. We are willing to be fair and fair with great sincerity. If you can pay the arrears of the project at the agreed time, and the representative of Party A takes the initiative to negotiate with our company, our company can consider reducing or reducing part of the liquidated damages at its discretion, and can also negotiate for indirect losses and liquidated damages. 5. If you do not pay within the specified time limit, and there is no representative of Party A to negotiate, our company will regard the contract as Party A's insincerity, and also regard your acquiescence to our company's requirements, and our company reserves all rights to exercise its rights. ”

Putting down the letter, Chu Tianqi asked, "What do you think?"

"Advisor Chang, you can say it. Cao Jinhai said.

Chang Sheng said unhurriedly: "Mayor Chu, I have only been hired as the legal counsel of the Chengkang Municipal Government since New Year's Day this year. I wasn't there when the contract was signed and I didn't know the details. Now I can only express my opinion in accordance with the terms of the contract. ”

Chu Tianqi nodded and said the word "good".

Chang Sheng continued: "Judging from the terms of the contract itself and the actual payment at the beginning, the requirements put forward by Party B are basically in line with the relevant terms of the original construction contract. Only the third condition is somewhat out of line, as the liquidated damages in the original contract already include this item. According to the relevant laws and regulations, the premise for resuming negotiations should be that Party A first fulfills the relevant responsibilities. ”

Listening to Chang Sheng's words, Chu Tianqi felt awkward, this was like a legal adviser hired by the government, but like a representative of Pengyan Company. Of course, he can also understand the other party and know that all lawyers have this characteristic, that is, first show his identity as a legal worker, and say that he will stand from a "fair" and "just" perspective. Chu Tianqi noticed that Cao Jinhai might not be accustomed to hearing Chang Sheng's words, and had the intention of interjecting and interrupting, so he hurriedly shook his head lightly and stopped the other party.

Chang Sheng continued: "Now that the other party has replied like this, the government must reply, otherwise it means that the government is not sincere, and it also means that the other party's conditions have been acquiesced." From the perspective of legal personnel, I think we can reply from the following aspects: 1. Party A has prepaid Party B a start-up fund of 5 million yuan for each project in advance, and Party B has not returned it so far, and the relevant arrears can be deducted from it. 2. Since the start-up capital is sufficient to deduct the relevant arrears, Party A does not have a breach of contract, and only needs to make up the relevant arrears. 3. Party A has not violated the payment agreement, so it does not need to pay liquidated damages and so-called indirect losses. 4. Urge Party B to discuss project-related matters with Party A within five days of receiving the letter. ”

Hearing this, Cao Jinhai had a smile on his face, obviously recognizing Chang Sheng's statement.

After a pause, Chang Sheng added: "Of course, all our replies just now are based on playing a vague marginal ball, that is, recognizing that the project start-up fund can be withheld for the project. I think the other party will definitely make a fuss about this article. ”

Cao Jinhai had a black line on his face again, obviously not recognizing Chang Sheng's "eating inside and out".

Chu Tianqi answered: "I think Advisor Chang's reply is feasible, what do you think of Cao Ju?"

"Pretty much, I don't know much about the law. Cao Jinhai shook his head.

Chu Tianqi said: "Then the permanent adviser will go to the reply letter first, and then review it with Director Cao after printing it out." ”

"Okay, Mayor Chu, then I'll go first. Chang Sheng said, stood up, and walked out of the room.

Cao Jinhai stood up, came to the door and pulled it, and saw that the door was closed, before walking to the opposite side of Chu Tianqi and sitting down.

Chu Tianqi pointed to the cigarette box on the table: "Smoking, if you have anything to say, you can say it now." ”

Picking up the cigarette case, Cao Jinhai first put a cigarette on Mayor Chu, lit a fire, and then lit one for himself. After taking two sips, he said, "I don't like to hear the words of Chang Sheng." Originally, the government suffered a loss, but it seemed that the government ignored it, and I really don't know whose money he earned. ”

Chu Tianqi smiled: "Lao Cao, such an adult, don't still look like an angry youth." If you look at it purely from the perspective of the contract, what Counsellor Chang said is also reasonable, I asked other lawyers, and it is the same set of arguments. There must be something wrong with this contract, but after all, it is written in black and white, and when it comes to serious occasions, it is often followed by this, unless there is hard evidence that can be overturned. As a government legal adviser, Chang Sheng must do things for the government, there is no doubt that no one will have trouble with money. What's more, being a legal adviser in the government is an invisible advertisement in itself, and it is also an intangible wealth for legal practitioners. So you don't have to doubt his position, he's just a little more sane than we are.

The reason why you feel uncomfortable is not only because you are unhappy with the winning practice, but also because you are dissatisfied with Pengyan's reply. We are government departments, and many times we exercise management responsibilities and have power in our hands, but we invisibly put ourselves in a strong position, and we are more accustomed to the respect of others, but we are not suitable for a kind of equality. In the cooperation with Pengyan, we are both Party A and the local government, which is equivalent to being both an athlete and a referee. However, in Pengyan's reply, he has been emphasizing that we are the first party of the contract, not the identity of the manager. But in this matter, we also have to put ourselves in the right place, not just for you, but also for me. ”

Cao Jinhai expressed doubt: "Mayor, your statement seems to be reasonable, but if you think like this, can we still win?" His subtext is "You and Chang Sheng's position are both problematic."

"What do you say?" Chu Tianqi asked rhetorically with a smile.