David Little is featured on Lexpert discussing the duty of good faith in common law of contract in infrastructure construction disputes.
Lawyers used to be able to assume that if the contract included things like discretion clauses or renewal rights, they could advise clients that they had the right to “act in a discretionary, self-interested way," says David.
Now, lawyers not only read the words and go over them with the client, but they must also ask about the client’s conduct, he says. Sometimes, it means disclosing a position or view that could otherwise be misleading. “It is a little bit harder on the business side of things to advise on that.”
When it comes to disputes, the duty of good faith may also require “more work and legal analysis,” says Little. “We don’t know quite how far that’s headed. But we do know that that’s now firmly entrenched in the common law.”
Read the full article on the Lexpert website.
Bennett Jones