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CHAPTER 24 The avoidance of disputes by Contractors in design and construct contracts

Contracts for Construction and Engineering Projects


Page 317

CHAPTER 24

The avoidance of disputes by Contractors in design and construct contracts

The avoidance of disputes by Contractors in design and construct contracts

1

24.1 Introduction

Courts uphold the doctrine of freedom of contract – the ability to enter into a binding agreement to do anything (other than matters that are contrary to public policy or statute law or are illegal). One important consequence is that the parties will be held to the specific bargain they have made, irrespective of whether it is fair, reasonable or is consistent with common practice or “normal” contracts of that type.

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