Trial by example

A recent case offers valuable guidance on how samples can be used cost-effectively to present complex cases It is a major challenge for contractors to efficiently present claims involving a large number of small items, such as when hundreds or even thousands of variations have been instructed on a project. One possible solution is to use a representative sample. In Standard Life vs Gleeds and Others, the Technology and Construction Court considered the use of samples, albeit in the context of professional negligence. The case concerned a retail and residential development that Costain had been employed to build nearly a decade ago. Having gone significantly over budget, Standard Life settled with the contractor at double the original contract sum.