Can a contractor really fall foul of a good faith clause?

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Source: Ell Brown

I find it difficult to accept Ian Yule’s premise that, despite the heavy weight of case law in respect of serving sufficient and timely notices, a contractor could fall foul of a good faith clause (1 June, page 45).

For a start before any notices can be served the employer must surely appreciate changes and delays that are imposed on the contractor require the mandatory serving of notices. In fact these are mandatory in respect of NEC3.

H Mooney, via