Civil & Commercial Litigation

Drafting and Advocacy

Samuel Okoronkwo Jr

COUNSEL ADVISES CLIENTS ON CONTRACTUAL DISPUTE AND LITIGATION RISK IN DECORATIVE WORKS MATTER

Facts

Samuel Okoronkwo Jr. was instructed by clients based in West London regarding a dispute with a contractor engaged to carry out decorative works under a £16,500 agreement. The contract included termination provisions allowing cancellation if progress was unreasonable and permitted offsetting or compensation for breach.

Issues

The contractor arrived later than expected and appeared unprepared, prompting concerns about site readiness. Following a phone call in which he criticised the clients’ builders, the relationship broke down and the clients terminated the agreement via email. A dispute followed over the return of the deposit and damage to a security camera, leading to police involvement and a claim issued via MCOL for £4,294.99. The contractor defended the claim, and the matter was listed for trial in September 2024.

Advice and Solution

Samuel Jr. advised that the deposit was contractually non-refundable and the contractor’s conduct did not amount to a repudiatory breach. The termination appeared driven by interpersonal conflict rather than legal grounds. Counsel recommended discontinuing the claim to avoid trial and potential cost liability. The clients accepted the advice and requested assistance with the discontinuance process. The matter underscores the importance of clear contractual terms, evidencing breach, and assessing litigation risk before pursuing legal action.

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