The times they are a-changin’…
It was almost 20 years ago that Sir Michael Latham called on the construction industry to change its ways and embrace collaborative working (Constructing the Team, 1994). We know these things take time but are we now finally facing the dawning of the age of Latham?
It is clear that new contracts are being used and the flood of recent cases on good faith and cooperation obligations reflect that change, with TSG v South Anglia being the latest example.
The increasing use of alliancing will also mean the courts have to look at new types of obligations and contractual arrangements. When the courts do that, they should recognise the background to this change. Maybe not quite what Bob Dylan was thinking of in 1964 but perhaps just as radical (at least for us construction people). Continue reading
