I was recently negotiating a procurement contract that brought to mind recent cases concerning good faith obligations. It occurred to me that if there is a move towards including express good faith obligations in construction contracts, should we not also consider addressing the consequences of acting in bad faith?
It never ceases to amaze me how many reported judgments there are where the expert evidence of one of the parties is criticised by the judge. My last post referred to the views of Peter Smith J in Mengiste, and his conclusion that:
“In this case, there was no doubt that [the claimant’s expert] was one of the worst expert witnesses ever to give evidence before me.”
While that case was proceeding in the Chancery division, it seems that the TCC judges have also been looking at the quality of expert witnesses again. This time, it was Akenhead J in Igloo Regeneration v Powell Williams Partnership. Continue reading
Aristotle:
“How many a dispute could have been deflated into a single paragraph if the disputants had dared to define their terms.”
The first half of 2013 has seen a number of important decisions affecting construction and engineering practitioners: Continue reading
