scenario

You work for Westons Solicitors.  You act for Mr Sam Davison who has come to you for advice on a contract matter.  Mr Davison contracted with a local firm, Dream Kitchens, to fit a new kitchen for him. A copy of the terms and conditions is attached (Document 1).  Mr Davison has a number of complaints about the work.

Mr Davison ordered all new kitchen units with cream shaker style doors and granite work surfaces.  All the fittings he chose were in pewter.  In addition, he ordered an American style fridge and freezer, a fitted microwave, and fitted cooker and hob.  He also ordered new tiles for the walls and for the floor and fitted ceiling lights.  The owner of the firm, Mr Arnold, was very pleasant and very helpful.   He quoted £20,000 for all the work and estimated it would take two weeks to fit.  They agreed a fortnight in January for the work to be carried out.

Two staff came to carry out the work, and a third man came to do the electrical work.

Mr Davison is not happy with the work for a number of reasons.

First, he does not like the colour of the units.  They are what he ordered, but in his kitchen, which is quite dark, they look a dirty white rather than cream.

Secondly, the fridge and freezer do not match.  One is chrome and one is cream.  Mr Davison cannot remember what was agreed, but was expecting them to be the same.

Thirdly, while doing the lighting, the electrician made a hole in the bedroom floor (the bedroom is directly above the kitchen).  Mr Davison tripped on the hole which was left unfilled but covered up with the carpet.  He banged his head on the bedside table and had a black eye as a result.

Fourthly, the fitted microwave has been positioned incorrectly, so that it is too high to reach.  The workman was very apologetic and quite embarrassed.  He said he had positioned it where the plug socket had been fitted by the electrician.

The work also took much longer than expected (three and a half weeks).  This caused inconvenience to Mr Davison as he had arranged a family party which he had to cancel.  It also meant he could not do any cooking during this time, so he had an increased food bill as he ate out a lot or ordered takeaways.

It also caused problems with his dog.  He had arranged for the dog to be in kennels for a fortnight while the work was being done but did not want to keep the dog in kennels any longer (the dog does not like kennels and it costs £15 a day).

Finally, the bill which the firm sent to him was for £25,750.

Mr Davison has contacted Mr Arnold with his complaints, but he has been very slow in returning calls.  On one occasion when Mr Davison did manage to speak with Mr Arnold, he said it was quite usual for works to run over.  He said the bill was more than expected because of unforeseen plumbing and wiring complications as it was an old house and required additional work and parts.

Mr Davison is also concerned that one of the workmen, Punjab, complained that he suffered an electric shock and burns to his right hand, when he switched on the lights in the downstairs toilet.

Mr Davison is very angry and disappointed.  He does not want to pay the full price, which Mr Arnold is now demanding.   He wants the microwave lowering to a more suitable height.  He could not face having all the units replaced, despite being disappointed with the colour, as this would take even longer.  He does want the fridge and freezer to match so they are the same colour (he suspects he ordered chrome, but he would prefer the cream if possible).  He wants his bedroom floor repaired and would also like some compensation for his black eye.  He would also like some compensation for the disruption and upset caused by the delay in completing the work.  He does not want to pay Punjab any money for his electric shock and burn.  He asks you if it is possible to blame the electrician for this (he admits to you that when he bought the house a couple of years ago the survey suggested the house electrics needed rewiring; he had forgotten about this until Punjab’s accident, but he does not want to reveal this information if he can avoid doing so).  He would also like an apology from the firm.  He does not mind going to court if necessary, but he does not want to spend a lot of money on legal fees.  He would like the matter resolved as soon as possible.  He also mentions he had agreed the firm could take photographs of the finished work to use as future publicity.  He is unsure whether he is prepared to allow this now.

Mr Davison has contacted you because he is not happy with the response he has received to date from the firm.

You are instructed to meet with Dream Kitchens’ solicitors, Harrisons LLP, to discuss the possibility of a settlement.

Prepare for the negotiation.

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