Leung, R H M (2019) How one shall interpret 'spirit of mutual trust and co-operation' in NEC contracts. Proceedings of Institution of Civil Engineers: Management, Procurement and Law, 173(1), pp. 14-20. ISSN 17514304
Abstract
Promoting the 'spirit of mutual trust and co-operation' has long been regarded as the 'pillar' of NEC contracts, which reflects the recommendation of the Latham report. Undoubtedly, this clause serves as a good catalyst that suppresses adversarial behaviour among parties. Nevertheless, this clause has recently sparked hot debates concerning its legal implication and interpretation. Some commenters claim that the clause refers to good faith obligation, while others suggest that it does not. This paper aims to conduct a review regarding this issue and provides a rough guideline for practitioners.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | contracts & law; procurement; project management |
| Index terms: | project management, good faith, Latham, practitioner, adversarial behaviour |
| Subjects: | project management theory and practice, conflict resolution, professional ethics, industry policy reports, practitioner |
| Topics: | Legal Issues, Project Management, Governance, Stakeholder Management, Roles and Professions |
| Descriptive scope: | 2 PC |
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