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
Mark P. Scheer
Scheer & Zehnder, LLP
Robert M. Moore
Moore & Lee, LLP
Eric A. Frechtel
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