Is there any case law that explain the definition and extent of the mutual trust and cooperation please.
Great questions. Most of its hidden because adjudication is private. Matthew Garrett of Costain did an interest seminar on NEC caselaw last year at our conference.
Just to add to Chris’s response, the matter is made more difficult as the obligation relates to several issues including; fiduciary relationship, good faith, relational contracting and contract interpretation.
There are several cases which touch upon this subject, including the following;
Mid Essex Hospital Services NHS Trust v Compass Group UK & Ireland Ltd (2013),
TSG Building Services plc v South Anglia Housing Ltd (2013),
Mears v Shoreline Housing Partnership Ltd (2015),
Tarmac Holdings v Costain (2017).
See also the following in terms of principles noted above;
Yam Seng Pte Ltd v International Trade Corporation Ltd (2013),
Emirates Trading Agency LLC v Prime Mineral Exports Pte Ltd (2014),
Portsmouth City Council v Ensign Highway Ltd (2015),
Chelsfield Advisers LLP v Qatari Diar Real Estate Investment Company (2015).
Andrew, great thank you.