Chaired by Manasi Kumar. Presented by Severine Saintier, Jessica Viven-Wilksch, and David Christie.
Abstract: Can a contract be flexible enough to adapt to the reality of commercial circumstances while also being enforceable under a legal framework that aims to certainty and protection of legal rights? This tension is particularly prevalent in the construction industry, where commercial contract law has traditionally found it easier to deliver certainty but with less flexibility. At the same time, the policy zeitgeist in the construction industry has tried to push various sectors into a more flexible, cooperative, and collaborative position. This inaugural webinar will present the Relational Construction Law Collaborative and its emerging research themes. We will provide an overview of relational contracts in scholarship and legal decisions and the importance of collaboration, cooperation, and good faith as applicable to construction contracts. We draw notions from governance and management to argue that relational contracts should underpin a refocus on contract negotiation, contractual interpretation and contract management. By linking these legal doctrinal discussions to insights from methods of ‘contracting’ and what is happening in the industry more generally, we will show how doctrine and practice align to allow relational contracts to move beyond theory and add value to the contractual relationship.
RCLC 