Atlas Legal successfully established our client’s right to claim service fees in a contract party determination dispute, where the parties had conducted oral transactions for 10 years without a written contract.
Case Overview
Our client, a specialized testing laboratory for pump performance certificates, had been conducting business with a pump installation company since 2015 through oral agreements only. The dispute arose when the counterparty refused payment, claiming “I am not the contracting party—bill the waterworks authority instead.”
Key Issue – Contract Party Determination
The defendant raised six defenses including the absence of a written contract, lack of price agreement, and the argument that the waterworks authority was the true contracting party. Atlas Legal argued, based on Supreme Court precedents (2022Da245129, 2016Da238212), that contract party determination should be based on the substance of transactions rather than formal documentation.
Evidence Collection and Legal Strategy
We submitted tax invoice records from 2015 to 2024, email correspondence, and project specifications as evidence. The specifications clearly stating that pump installation companies bear the obligation to submit test certificates proved to be decisive evidence in establishing contractual responsibility.
Result – Payment Claim Recognized
The court recognized the defendant as the contracting party based on the 10-year transaction history, tax invoice records, and contractual obligations specified in the project documents. The per-unit price established since April 2017 was recognized as an implied agreement, and our client’s payment claim was fully accepted.
Atlas Legal’s Expertise
Atlas Legal is a specialized law firm in corporate disputes, advisory services, and white-collar crime, with extensive experience in contract party determination cases. Even in transactions without written contracts, we protect our clients’ rights by proving transaction substance and industry practices.