In dealing with a strike-out application in a professional
negligence case, the Technology and Construction Court (TCC) in
England has provided some useful comment on how to tackle disputes
involving thousands of variations, and when and how
'sampling' can be used to assist the court.
Background
Standard Life Assurance (Standard Life) entered into a building
contract for a mixed retail and residential development in Newbury,
Berkshire, with Costain as its main contractor. The contract price
was £77.4 million, and Standard Life ultimately paid
£146.4 million to settle the contractor's final account.
That amount included £28.4 million in respect of variations
to the building contract (of which £25.8 million arose from
contract administrator instructions (CAIs) and £2.6 million
from confirmations of verbal instructions (CVIs)).
