Good Faith in Construction Contract: A Common Law Perspective

The good faith principle requires contracting parties to be honest as well consideringtheir partners in performing their contractual duties. In the event, contract clauses are insufficient protect interests of innocent party a breached contract, said may rely on ensure fair. However, applying principles construction contracts is difficult task. By nature, unique due fact that (Client and Contractor) presumed competent carry out parts obligations. Controversially, often unfairly prejudicial Client would customarily have upper hand deciding terms conditions contract. It objective research examine relevancy application contractsby employingqualitative content analysis. This study adopts qualitative approach, mainly employing library internet resources with intention explore relevant legislation, textbooks, journals, papers articles.The comparative approach this paper used analysis from primary secondary legal different jurisdictions United Kingdom, Malaysia Australia compare context contracts. findings revealsthat adoption limited usage even though it widely usedin general law Australia.This article contributes knowledge contracts, particularly standard form by highlighting importance achieving fairer functioning its application.