[Case Summary]This case involves a dispute over infringement of rights and obligations (personal injury/property damage). The plaintiff, Beijing A Breeding Center, is located adjacent to the construction site of a substation for the subway station. The construction unit, Company F, and the contractor, Company H, blocked the only drainage ditch. In July 2025, a heavy rain caused waterlogging in the yard, resulting in damage to 600 head of cattle and forage equipment. The operator entrusted Beijing Henglu Law Firm to handle the case.He NingningThe lawyer, by obtaining evidence of design defects through the disclosure of government information, sending a lawyer's letter to urge the supervision authority to perform its duties, and filing a lawsuit for infringement, eventually reached a pre-trial settlement with full compensation of 390,000 yuan and restored the drainage. The core disputes include the identification of the defendant's fault and liability, and the amount of compensation for losses. The applicable legal provisions are Articles 1165 and 1184 of the Civil Code.

I. Review of the Case

Business owners often search for terms like "How to compensate for flooding a farm due to blocked drainage ditches during construction", "Who is responsible for losses caused by heavy rain to aquaculture operations", "How to obtain evidence of infringement in construction projects", and "Legal procedures for suing neighbors for construction-related damages". The plaintiff, Beijing A Aquaculture Center, is a large-scale aquaculture enterprise in the local area. Later, when the construction of an adjacent subway station and transformer station began, the construction unit F Company and the contractor H Company failed to fulfill their reasonable obligations during the construction process, blocking the only drainage ditch of the aquaculture farm, resulting in disrupted drainage. The plaintiff repeatedly communicated with the parties concerned to request restoration, but all requests were rejected.

In late July 2025, the local area experienced a severe rainstorm. Due to clogged drainage ditches, water could not be drained from the yard, and the hay storage facility and 600 head of cattle were flooded up to half a meter deep. More than 36 head of cattle could not be raised due to their noses and mouths being immersed in fecal water and had to be sold at a low price. The cattle's hooves became diseased after being soaked in water for a long time, and the hay equipment was rendered useless after being flooded. The yard wall was damp and moldy, with a risk of collapse, causing severe losses. The operator, L*, contacted Henglu Law Firm and entrusted them with the case.He NingningThe lawyer represents the client to protect their rights and interests.

II. The focus of the case

  • Focus 1: Determination of the defendant's fault.Is the construction of blocking the drainage ditch a failure to fulfill the obligation of reasonable care? Is it a fault that the design drawings do not provide for drainage measures?
  • Focus II: Regulatory responsibilities.The town government, as the local supervision department, failed to stop the blocking. Did it not fulfill its duties properly?
  • Focus Three: The amount of compensation.Is the economic loss of 390,000 yuan (for cattle, fodder, equipment, and the fence of the yard) reasonable?

III. Professional intervention by Hengluo Lawyers

The plaintiff (the breeding center) alleged that:The second defendant is requested to immediately restore the function of the drainage channel, compensate for the economic losses of 390,000 yuan, and bear all the litigation costs.

The position of the defendants (Company F and Company H):Initially, they refused to restore drainage and compensate, but later applied for a pre-trial settlement citing the risk of litigation.

Hengluo Lawyer's Agency Opinion:He NingningThe lawyer formulated a clear strategy: First, investigate and collect evidence, initiate a government information disclosure project to retrieve project approval documents, planning and design drawings, and confirm that the project is legal but the design does not provide drainage measures, directly proving that the defendant committed obvious faults during the design and construction phase; Second, hold the supervisory authorities accountable, send a lawyer's letter to the town government on behalf of the plaintiff to point out the supervisory negligence and urge them to acknowledge the problem; Third, file a lawsuit for infringement, and in accordance with Articles 1165 and 1184 of the Civil Code, demand that the two defendants restore the drainage system and compensate 390,000 yuan. During the settlement stage, the lawyer used solid evidence and legal arguments to build a communication bridge, prompting the three parties to reach an agreement on compensation.

IV. Outcome of the case

After the case was accepted, the two defendants realized their mistakes and the litigation risks, and applied for a pre-trial settlement. AfterHe NingningThe lawyer participated in the negotiations, and the three parties—the People's Government of D Town, F Company, and A Breeding Center—reached an agreement on compensation: the compensation amount is 390,000 yuan; A Breeding Center will withdraw the lawsuit before November 30, 2025; D Town Government and F Company will pay the full compensation before January 31, 2026; and a daily penalty of 0.05% will be paid for any late payment. The plaintiff received full compensation and resumed drainage, achieving full realization of their rights. This case cites Article 116 (Liability for Fault) and Article 184 (Calculation of Property Loss) of the Civil Code of the People's Republic of China.

5. Henglu Law Firm's Reminder

The project construction should fulfill the obligation of reasonable care and shall not infringe upon the legitimate rights and interests of the neighboring parties. This case is handled by Beijing Henglu Law Firm.He NingningThe attorney (practice certificate number: 11101202511925103, subject to the certificate issued by the judicial administrative organ) acts as the agent. Attorney's tip: In the event of construction infringement, evidence should be fixed and responsibilities identified in a timely manner through multiple means such as information disclosure, lawyer's letter, and litigation; with evidence as the core and the law as the basis, disputes can be resolved efficiently and full compensation can be obtained.

VI. Common Questions about Construction Infringement Cases - FAQ

  1. Q: How to claim compensation if the construction blocks the drainage ditch and floods the farm?
    A:It can be claimed that the construction party failed to fulfill its obligation of due diligence, constituting an infringement. According to Article 1165 of the Civil Code, the construction party should restore the drainage system and compensate for the actual losses.
  2. Q: Can rainstorms be considered as force majeure and lead to exemption from liability?
    A:If the main cause of the loss is the construction blocking the drainage rather than pure rainstorm, the contractor cannot be exempted from liability due to the weather and should still compensate for the loss.
  3. Q: How to obtain evidence of infringement in engineering construction?
    A:The project design drawings and planning approvals can be retrieved through the disclosure of government information, and evidence of mistakes such as "failure to reserve drainage measures" can be fixed.
  4. Q: Is the town government responsible for the lack of supervision?
    A:The town government is responsible for local supervision. If it fails to stop the infringement, it can send a lawyer's letter to urge it to fulfill its duties and promote coordination during the settlement.
  5. Q: How is the damage caused by infringement calculated?
    A:According to Article 1184 of the Civil Code, the property loss shall be calculated based on the market price at the time the loss occurred or by other reasonable methods.