Answer.

Mr.:
         Hello.
      Very feel shy, let you waiting for a long time, some time ago because of work reasons failed to timely check the mailbox, I to you to provide materials for review, the following problems:
   One, the plaintiff is itself the problem, this is not a case of construction disputes, through all the evidence material, can clear the construction disputes without litigation interruption, construction payment disputes of this case decided the main evidence "the * * * * * Agreement", other evidence is all around the evidence, according to China's general principles of civil law and the related judicial interpretation, the case has a limitation of action.
   Two, the dispute shall be arrears disputes, according to China's "reply" whether the repayment agreement the parties over a period of limitation of action to the Supreme People's court shall issue protected by law stipulates: "over a period of limitation of action, both parties have reached agreement for the repayment of the debt, debt, debt belongs to the new relationship. According to the "general rule of the civil law" provisions of article ninetieth of the spirit, the repayment agreement shall be protected by law."
     Solution:
     One, the application for retrial. (but such as problem analysis, the limitation constraints, success is unlikely, but this is only my personal understanding.)
     Two, re prosecution. Directly to the telephone recording as the main evidence to prosecute. (but this is definitely has the very great dispute, the court will take a matter no longer judge dismissed, but personally I prefer the second scheme, according to the judicial interpretation of this debt, debt is a new relationship, not a thing is no longer the constraint).
      If you have any other questions, you can contact me.

                                              Xiao Wenjun lawyer    
                                             April 11, 2008