Good Faith Under the Spotlight: What JCT DB 2024 Means for Construction Professionals

Introduction

The concept of ‘good faith’ has become one of the most significant and fast-evolving issues in construction law and contract administration. Traditionally viewed with caution in English contract law, obligations relating to collaboration, mutual trust and co-operation are now appearing with increasing prominence in modern construction contracts - most notably through the introduction of Article 3 in JCT Design and Build Contract 2024.

This webinar will examine how good faith obligations are developing across the construction industry, how the courts are interpreting collaborative working provisions, and what this means in practice for employers, contractors, consultants and dispute resolution professionals. The webinar will compare the new JCT DB 2024 provisions with the long-established NEC obligation to act ‘in a spirit of mutual trust and co-operation’, exploring whether the industry is witnessing a broader shift towards relational contracting and behavioural obligations.

What You Will Learn

This webinar will cover the following:

• The meaning and legal scope of ‘good faith’ in construction contracts
• The rise of collaborative working obligations in modern procurement models
• Analysis of JCT DB 2024 Article 3 and its practical implications
• Comparison with NEC provisions relating to mutual trust and co-operation
• Key case law developments and judicial interpretation of good faith duties
• The relationship between good faith, relational contracts and implied terms
• The impact of collaborative obligations on:
• Contract administration
• Payment and change management
• Dispute resolution
• Termination rights
• Project governance
• Practical examples of conduct likely to comply with - or breach - good faith obligations
• Risk management strategies for employers, contractors and consultants
• Drafting and project management tips to minimise disputes and improve collaboration
• Emerging trends and future developments in construction contracting and dispute resolution
• A discussion of recent and influential authorities including:
• Yam Seng Pte Ltd v International Trade Corporation Ltd
• Costain Ltd v Tarmac Holdings Ltd
• Van Oord UK Ltd v Dragados UK Ltd

This pre-recorded webinar will be available to view from Thursday 19th November 2026

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