A general duty to co‐operate in construction contracts? An international review

Abstract

Purpose

The purpose of this paper is to identify the substance of any general duty to co‐operate that might exist in relation to construction contracts. It also explores the potential impact that a duty to co‐operate might have on ensuring the smooth operation and absence of disputes within construction projects.

Design/methodology/approach

The analysis is based on a number of widely accepted international documents. Reference is also made to an edition of the Fédération Internationale des Ingénieurs‐Conseils Red Book and to several jurisdictions of common law and continental law systems.

Findings

The duty to co‐operate permeates the law of contract and is related to the principles of good faith and fair dealing. In common law countries, the duty can take the form of implied terms within the contract. A greater level of awareness of this duty by the parties to construction contracts would minimise disputes and better ensure that the parties achieved their shared objectives.

Originality/value

Because different jurisdictions take a variety of approaches towards the areas of law discussed, the paper's use of comparative analysis of the selected documents provides particular insights into the existence of a general duty to co‐operate which will assist the future development of the law in this area.

Citation

Klimas, E. (2011), "A general duty to co‐operate in construction contracts? An international review", International Journal of Law in the Built Environment, Vol. 3 No. 1, pp. 83-96. https://doi.org/10.1108/17561451111122624