B2B disputes in The Gambia: supply, delivery and payment problems

Which agreement governs the problem?

A business relationship may be spread across a signed agreement, quotations, purchase orders, emails and standard terms. Gather the complete set and identify amendments. A delivery note may establish receipt without resolving every dispute about quality or the terms of payment.

Write a short chronology covering order, delivery, inspection, complaint and payment. Separate facts supported by records from assumptions about what the other party intended.

How should the claim be organised?

• Non-delivery: identify the goods or work, promised date and consequences of delay.
• Defects: preserve inspection records, photographs and relevant samples where appropriate.
• Unpaid invoices: reconcile the account, credits, part-payments and disputed items.
• Termination: identify the proposed reason and any contractual notice provisions.

Keep original communications. Before withholding payment, cancelling orders or replacing a supplier at its expense, obtain advice on the agreement and the proposed response.

Can the business relationship be preserved?

Set out the outcome you actually need: delivery by a workable date, remedial work, an agreed credit, instalments or a final settlement. Consider the effect on your own customers and cash flow.

Any proposed settlement should define what is to happen, when, and what follows if it is not performed. Clarify whether it resolves all issues or only a particular invoice or delivery. Do not treat a friendly conversation as a complete settlement record.

When should the dispute be escalated?

Flag court papers, a threatened deadline, perishable goods or evidence that may be lost. A legal review can assess available options and the costs of pursuing them. Starting proceedings is not the only possible route, and obtaining a decision does not guarantee recovery.

For a payment-only issue, read business invoice recovery. For an existing contract needing amendment, use contract review. Wider contested commercial matters belong with the commercial litigation practice.

Related guidance

• Commercial litigation
• Recovering unpaid business invoices
• Enforcing an unpaid judgment