Express obligations of ‘mutual trust and co-operation’

COSTAIN v TARMAC [2017]

This case featured the NEC form of model construction contract. It is comparatively unusual because of an express obligation that both parties had to act in a spirit of ‘mutual trust and co-operation’. The decision for the Technology and Construction Court was what impact this obligation had on other specific contractual provisions.

Facts:

Decision:

Points to note:

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