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'Splendid, but what does it actually mean?' Good faith and relational contracts in the UK construction industry.

Christie, David S.

Authors

David S. Christie



Abstract

The most important modern report on the culture of the UK construction industry had, as its aim, the creation of an atmosphere in the industry where, in the words of Lewis Carroll's Dodo: 'Everybody has won and all must have prizes' That required 'better performance'; 'teamwork' and a 'healthier atmosphere' for working. While the idea of 'good faith' is not mentioned, the attitude contained in those sorts of outcomes would seem to underpin it. Linked to that is the focus on relationships between the parties involved. In a recent lecture on the topic of good faith in construction by Lord Justice Jackson, he remarked: 'no self-respecting academic in this area [i.e. good faith and contracts generally] can resist the temptation' to write about relational contracts. That trend will continue here since clearly the ideals set out above have the parties' relationship at their heart The most recent case law has not, however, been as relationship focussed.

Journal Article Type Conference Paper
Start Date May 10, 2018
Publication Date May 3, 2019
Journal Journal of Commonwealth law
Publisher New Publisher Required
Peer Reviewed Peer Reviewed
Volume 1
Issue 1
Pages 403-442
Institution Citation CHRISTIE, D. 2019. Splendid, but what does it actually mean? Good faith and relational contracts in the UK construction industry. Journal of commonwealth law [online], 1(1): proceedings of the 2018 Good faith in contract symposium,10-11 May 2018, Montréal, Canada, pages 403-442. Available from: https://www.journalofco...thlaw.org/article/10813
Keywords UK construction industry; Better performance; Teamwork; Construction law; Construction practice
Publisher URL https://www.journalofcommonwealthlaw.org/article/10813

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