Good faith, mutual trust and cooperation: recent judicial insights.

Mante, Joseph

Abstract

The recent Scottish Inner House decision in the case of Van Oord UK Ltd v Dragados UK Ltd has rekindled discussions about the role of good faith and the duty to act in the spirit of mutual trust and cooperation under the NEC Contract Conditions. The meaning, significance, and scope of this duty under the NEC Conditions of contract have been the subject matter of academic inquiry since the standard forms for engineering, construction and professional services were developed. The different iterations of the contract conditions have all avoided an explanation of the scope of this duty. All eyes are on the courts to provide the needed clarity, but judicial contribution to this discourse has been patchy and has focused on the link between the clause 10 duty and good faith. In this piece, both the Outer and the Inner House decisions in Van Oord are critically examined for further insights into the significance of the clause 10 duty, behaviours or conducts which will constitute a breach of the clause 10 duty and consequence or remedies for breach.

Citation

MANTE, J. 2022. Good faith, mutual trust and cooperation: recent judicial insights. Construction law journal [online], 38(2), pages 75-92. Available from: https://uk.westlaw.com

• Journal Article Type: Article
• Acceptance Date: Jan 14, 2022
• Online Publication Date: Mar 25, 2022
• Publication Date: Mar 31, 2022
• Deposit Date: Jan 17, 2022
• Publicly Available Date: Mar 26, 2023
• Journal: Construction law journal
• Print ISSN: 0267-2359
• Electronic ISSN: 0267-2359
• Publisher: Sweet and Maxwell
• Peer Reviewed: Peer Reviewed
• Volume: 38
• Issue: 2
• Pages: 75-92
• Keywords: Breach of contract; Compensation events; Good faith; Mutual trust and confidence; New Engineering Contracts; Scotland; Sub-contractors
• Public URL: https://rgu-repository.worktribe.com/output/1574954