Issues of “good faith” in the performance of construction and engineering contracts are common. Moreover, “good faith” issues arise in most jurisdictions of the world, including common law and civil law jurisdictions. This paper considers the approach taken by English common law to the legal concept of “good faith”.
One of the recurring problems for construction and engineering projects is “the unexpected”, particularly when adverse site conditions are encountered. Who bears the risk of adverse site conditions? Is the employer legally responsible for the accuracy of information provided to the contractor regarding conditions on site? These are universal issues, and this paper considers aspects of their legal treatment in the United States, England, Australia and the Arabian Gulf.
This paper discusses the complexity of construction damage measurement, and ten legal concepts affecting on construction damage measurement and recovery.
Although there is no clear demarcation between direct and consequential damages in the U.S., the distinction is critical to the outcome of many construction cases as waiver provisions are commonly integrated to construction contracts. In particular loss of profits and certain financing costs are the subject of conflicting determinations with consequent unpredictability.
Introduction
