[Case Summary]This case involves a dispute over a construction project design contract. The plaintiff, Huang *, provided bridge design services to the defendant, * Engineering Design Company. The two parties did not sign a written contract, but only agreed orally on a design fee of 50,000 yuan. The defendant denied this and claimed that it had already paid an excess amount. Huang * entrusted the Beijing Henglu Law Firm to handle the case.Wang FangliThe lawyer, through key evidence such as payment notes and chat records, confirmed that the two parties agreed to pay separately for the bridge design after October 25, 2017. The court ruled that the defendant should pay the design fee of 50,000 yuan and interest. Applicable law: Article 260 of the Civil Procedure Law of the People's Republic of China.

I. Review of the Case

"Can I get back the design fee if no contract was signed?", "What should I do if the other party denies the design fee agreed verbally?", and "How to provide evidence in a design contract dispute?" are common problems faced by engineering service practitioners. The plaintiff, Huang * and the defendant, * Engineering Design Company, had a cooperation in engineering design. The defendant entrusted Huang * to carry out bridge engineering design, and the two parties did not sign a written contract. Huang *'s labor fees for the work from August to early October 2017 were paid; however, on October 25, 2017, the two parties agreed on a design fee of 50,000 yuan. Huang * had already performed the design services, but the defendant, China Communications Construction Company, evaded and refused to pay for various reasons.

The defendant denied the bridge design calculations after October 25, claiming that they had paid monthly during the initial cooperation period. On October 23, 2017, the parties agreed on a total fee of 50,000 yuan, but the company had already paid more than 70,000 yuan in cash, which exceeded the agreed amount. To protect their rights and interests, Huang * entrusted our law firm to handle the case.Wang FangliAttorney representation. Attorney Wang found key evidence: the defendant's previous payment records in September, October, and November 2017 contained notes such as "August salary, September salary, and meal expense reimbursement", which corroborated the previous monthly payments; the chat records on October 23, 2017 showed that the defendant had separately commissioned and promised to pay for the bridge design after October 25th.

II. The focus of the case

  • Focus 1: The two parties discussed whether they had reached an agreement on separate payment for the bridge design after October 25, 2017.In the absence of a written contract, the performance and communication evidence shall be used to determine the contractual obligations.
  • Focus 2: Does the defendant's paid fees include the design fees in dispute in this case?The payment notes prove that all the payments were for salaries before October 25th, which have nothing to do with this case.
  • Focus Three: Whether the plaintiff has fulfilled its design obligations in accordance with the contract.The plaintiff submitted the design results, and the defendant shall pay an additional 50,000 yuan and interest thereon.

III. The professional intervention of Hengluo Law Firm

The plaintiff (the designer) claims that:Huang * claimed that he had performed the bridge design services after October 25, 2017, but the defendant refused to pay the agreed design fee of 50,000 yuan, and demanded that the defendant pay the design fee and interest.

The defendant (the engineering design company) argued that:The defendant denied any design-related matters after October 25, claiming that the agreed fee was 50,000 yuan, but he had paid more than 70,000 yuan in cash on October 23, 2017, which exceeded the agreed amount.

Hengluo Lawyer's Agency Opinion:Wang FangliThe lawyer submitted to the court the notarization certificate No. 277XX of Guangdong Guangzhou XX Notary Office in 2021, which proved that the two parties reached an agreement and that Huang * had fulfilled his obligations; and submitted the electronic receipt from Shanghai Pudong Development Bank, which proved that the transfers made by the defendant were all marked as salaries before October 25 and had nothing to do with the funds in this case. During the trial, the defendant argued that he did not recognize the purpose of the evidence. The lawyer pointed out that the above-mentioned evidence precisely proved that the fees involved in the case were fees agreed upon after October 25, which the defendant claimed was inconsistent with general understanding and common sense.

IV. Outcome of the case

The court supported the plaintiff's claims, holding that the evidence submitted by Huang is sufficient to prove that he and the defendant reached an agreement to pay separately for the bridge design after October 25, 2017. The defendant's defense is obviously unreasonable. Huang has performed his obligations as agreed and submitted the design results. The defendant should pay an additional 50,000 yuan in design fees and refusing to pay is untrustworthy. Therefore, the defendant should pay interest. Judgment: 1. The defendant, Engineering Design (Beijing) Co., Ltd., shall pay the plaintiff 50,000 yuan in design fees and interest. 2. The plaintiff's other claims are dismissed. 3. In case of delayed performance, the defendant shall pay double interest on the delay in accordance with Article 260 of the Civil Procedure Law of the People's Republic of China. The case acceptance fee of 550 yuan shall be borne by the defendant.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law FirmWang FangliThe attorney (practice license number: 11101201911086939, subject to the document issued by the judicial administrative organ) acts as the agent. For engineering service cooperation, it is recommended to sign a written contract to clarify the fees and results. When no contract is signed, payment notes, chat records, etc. can also form a chain of evidence. The construction engineering team of Beijing Hengluo Law Firm is good at solving the dilemma of "no contract" with evidence.

VI. Common Questions About Design Fee Disputes - FAQ

  1. Q: Can I get back the design fee if we haven't signed a contract?
    A:Yes. You can claim the remuneration by providing payment records, chat logs, notarized documents, and other evidence to prove the mutual consent and the fact of performance of the contract between the two parties.
  2. Q: What should I do if the other party denies the design fee agreed upon verbally?
    A:Collect indirect evidence such as WeChat messages, emails, audio recordings, and the payment notes from the other party, in order to form a complete chain of evidence.
  3. Q: How to provide evidence in a design contract dispute?
    A:The key point is to prove the existence of the agreement, the fulfillment of the design obligations, and the amount of the fees. The transfer notes are important supporting evidence.
  4. Q: How can I refute the other party's claim that they have overpaid?
    A:Check the nature and timing of each payment to prove that all payments made are for expenses in other stages and are unrelated to the disputed amounts.
  5. Q: Can I claim interest if the design fee is in arrears?
    A:Yes. If the other party refuses to pay, it constitutes a breach of trust, and the court may support the design fee and the corresponding interest.