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Cambridgeshire County Council v BAM Nuttall Limited

18 January 2022

Citation: [2022] EWHC 275 (TCC)

The claim made by CCC was in respect of significant engineering defects alleged in a piece of infrastructure running through Cambridgeshire, referred to as the “guided busway”.  The Defendant was the contractor engaged by CCC for the design and construction of the busway.  The parties had entered into an NEC form of contract, and the claim was brought under both a debt claim for the cost to correct those defects, and in damages for, amongst other things, a failure by BAM to provide the works.  This specific judgment concerned the list of issues for disclosure and the DRD. As in many construction disputes, the number of issues can be varied and the question arises as to the extent of granularity required for the list of issues. In particular, in circumstances where the Claimant does not know which documents the Defendant may have, the list of issues should not permit documents to be overlooked.

Piers Stansfield and Sarah Williams acted for the Claimant.

Counsel

Piers Stansfield KC
Piers Stansfield KC