Conduct Matters In Contracts What You Need To Know About The Duty Of Honest Performance Construction News Today : Breaking News, Live Updates & Top Stories | Vimarsana
On December 18, 2020, the Supreme Court of Canada
(
SCC ) released its decision in
C.M. Callow Inc v Tammy Zollinger
Callow ); this decision will
impact contractors, subcontractors, suppliers and various other
components of the construction industry. The SCC clarified the duty
of honest performance in contractual obligations and what may be
considered a breach of this duty.
What You Need to Know
Parties to a contract have a duty of honest performance;
The duty of honest performance means that parties must not lie
or otherwise knowingly mislead each other about matters directly
linked to the performance of the contract;
Following
Callow, a breach of the duty of honest