The plaintiff brought a motion for directions on late production and admissibility of a project bid estimate that it had previously refused to produce during discovery.
The plaintiff argued the document was irrelevant until its expert relied on it for a loss of productivity claim.
The court found the document was always relevant and required leave under Rule 53.08 to be admitted.
The court granted leave, finding no non-compensable prejudice or undue delay, but ordered the plaintiff to produce the native file and submit to further examination at its own expense on a full indemnity basis.
