Access the full text.
Sign up today, get DeepDyve free for 14 days.
BGB
Federal Law Gazette (Bundesgesetzblatt)
A. McInnis
The new engineering contracts: relational contracting, good faith and co‐operation – Part 2
C. Bar, E. Clive, Hans Schulte-Nölke, H. Beale, J. Herre, J. Huet, P. Schlechtriem, M. Storme, Stephen Swann, P. Varul, A. Veneziano, F. Zoll (2008)
Principles, definitions and model rules of European private law: draft common frame of reference (DCFR). - Interim outline ed.
Lietuvos Respublikos Seimas
The Civil Code of the Republic of Lithuania (with amendments)
M. Furmston
Powell‐Smith & Furmston's Building Contract Casebook
Richard Wilmot-Smith (2006)
Construction Contracts: Law and Practice
Matt Perlman (1990)
Legal Guide on Drawing Up International Contracts for the Construction of Industrial Works.American Journal of International Law, 84
S. Vogenauer, Jan Kleinheisterkamp (2009)
Commentary on the UNIDROIT Principles of International Commercial Contracts (PICC) (2009) (Olaf Meyer)
J. Glover, S. Hughes, Christopher Q.C. (2006)
Understanding the new FIDIC red book : a clause-by-clause commentary
O. Lando, H. Beale
Principles of European Contract Law Part I: Performance, Non‐performance and Remedies
Jan Kleinheisterkamp (2009)
UNIDROIT principles of international commercial contracts
W. Hughes, R. Champion, J. Murdoch (1996)
Construction Contracts: Law and Management
C. Cauffman (2001)
The principles of European Contract Law, 3
M. Van den Berg, P. Kamminga
Optimizing contracting for alliances in infrastructure projects
B. Williams (1967)
The new social contract
C. Brunner (2008)
Force Majeure and Hardship Under General Contract Principles: Exemption for Non-Performance in International Arbitration
Carel Jansen (1998)
Towards a European Building Contract Law : Defects Liability: A Comparative Legal Analysis of English, German, French, Dutch and Belgian Law
B. Egglston
The NEC3 Engineering And Construction Contract: A Commentary
S. Vogenauer, J. Kleinheisterkamp
Commentary on the UNIDROIT Principles of International Commercial Contracts (PICC)
R. Zimmermann, S. Whittaker (2000)
Good faith in European contract law: surveying the legal landscape
Study Group on a European Civil Code and Research Group on EC Private Law (Acquis Group)
Principles, Definitions and Model Rules of European Private Law. Draft Common Frame of Reference (DCFR)
Reiner Schulze (2009)
New Mechanisms for Concluding Contracts
R. Quick
Queensland's ECI contract
V. Heutger (2005)
UNIDROIT Principles of International Commercial Contracts 2004European Review of Private Law
FIDIC
Conditions of Contract for Construction
D. Campbell, D. Harris (1993)
Flexibility In Long-Term Contractual Relationships: The Role Of Co-OperationJournal of Law and Society, 20
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.
International Journal of Law in the Built Environment – Emerald Publishing
Published: Apr 19, 2011
Keywords: Duty to co‐operate; Construction contracts; Good faith; Implied terms; Comparative law
Read and print from thousands of top scholarly journals.
Already have an account? Log in
Bookmark this article. You can see your Bookmarks on your DeepDyve Library.
To save an article, log in first, or sign up for a DeepDyve account if you don’t already have one.
Copy and paste the desired citation format or use the link below to download a file formatted for EndNote
Access the full text.
Sign up today, get DeepDyve free for 14 days.
All DeepDyve websites use cookies to improve your online experience. They were placed on your computer when you launched this website. You can change your cookie settings through your browser.