Insights: Kim Fowler

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How effective is the NEC’s ‘mutual trust and co-operation’ provision?


A number of recent cases have reopened questions of implied obligations of good faith in NEC contracts. The NEC standard clause 10.1 requires that the parties “shall act as stated in this contract and in a spirit of mutual trust and cooperation” which is arguably an attempt to enshrine an overriding good faith obligation into […]