Duty of Good Faith and Fair Dealing in Administering a Contract, Interpreting the Court’s Ruling in Metcalf, Level of Proof and Breach of Contract Issues

February 24, 2015 4:10pm

Mark P. Scheer
Founding Partner
Scheer & Zehnder, LLP

Robert M. Moore
Partner
Moore & Lee, LLP

Eric A. Frechtel
Partner
Bradley Arant Boult Cummings LLP

  • What is the duty of good faith and fair dealing in administering a contract by federal government? state government? private entity?
  • What is the level of proof? Do you have to show any party acted in bad faith? Do you show specific part of the contract that was in breach?
  • Breach of implied good faith and fair dealing from owner to contract on design/build project
    • Undisclosed site conditions and what the contractor relied upon
    • Undercutting the duty of good faith and fair dealing between contracting parties
  • Impact of Metcalf and the covenant of good faith and fair dealing between contracting parties