[2006] EWHC 1810 (TCC), 17 July 2006. Considers a contract dispute and costs arising from an action brought by claimant building contractor (M) and cross-claim of defendants (D). M had claimed money due under a construction contract and D had cross-claimed for the costs of defective work (its claim relating to basement dampness had appeared in a late amendment). D had lost on their allegation that there was a cap on their liability to pay M in respect of the construction works, but succeeded in obtaining damages for the costs of repair of many items of defective and incomplete work. D and M sought their costs of the action to be assessed on an indemnity basis, D maintaining this should include both the claim and cross-claim and M contending it should have costs paid up to the date of D's late amendment. "Held": it was appropriate for each party to pay their own costs as their conduct was not found to be unreasonable.