Industry-led standards, relational contracts and good faith: are the UK and Australia setting the pace in (construction) contract law?

Christie, David; Saintier, S�verine; Viven-Wilksch, Jessica

Abstract

The law of contract is changing. "Good faith" and “relational contracts” are used by parties more than ever before in commercial disputes. Yet, their definition and what it really means to act in good faith are still unsettled in the UK and Australia, reducing the (judicial and doctrinal) utility and impact of such conceptual tools. In contrast, the construction industry is trying to move forward in policy terms. Over the last 30 years, industry led initiatives have been working to improve collaboration. In the UK and Australia, new collaborative frameworks contain express provisions asking parties to act with mutual trust and cooperation among other collaborative schemes. Examination of the judicial approach and industry initiatives demonstrates that there is – underpinning both – a project centric approach (even if that is yet to be fully recognised or articulated). It is the aim of this paper to further articulate this understanding by looking at the judicial and industry positions in the UK and Australia.

Citation

CHRISTIE, D., SAINTIER, S. and VIVEN-WILKSCH, J. 2022. Industry led standards, relational contracts and good faith: are the UK and Australia setting the pace in (construction) contract law? Liverpool law review [online], 43(2), pages 287-310. Available from: https://doi.org/10.1007/s10991-022-09307-5

• Journal Article Type: Article
• Acceptance Date: Feb 23, 2022
• Online Publication Date: Jul 20, 2022
• Publication Date: Aug 31, 2023
• Deposit Date: Jun 28, 2022
• Publicly Available Date: Jun 28, 2022
• Journal: Liverpool law review
• Print ISSN: 0144-932X
• Electronic ISSN: 1572-8625
• Publisher: Springer
• Peer Reviewed: Peer Reviewed
• Volume: 43
• Issue: 2
• Pages: 287-310
• DOI: https://doi.org/10.1007/s10991-022-09307-5
• Keywords: Construction contracts; Good faith; Relational contract; Project-centric approach; Party-centric approach
• Public URL: https://rgu-repository.worktribe.com/output/1507358