She argues that Fougere v. Blunden, where lump sum costs were ordered, supports the same result in the case at hand because of the similarity of factors considered. However, there are numerous distinguishing features which indicate otherwise. They include the following: - Fougere v. Blunden involved a third party summary judgment motion and the costs of the action were not a consideration. - The case was about professional negligence and expert evidence of industry standard formed part of the motion. - Issues such as the roles of the contractor and the architect, and the interpretation of construction contracts, added to the complexity of the motion.
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