You have to be fair in awarding service failure points under PFI contracts!

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You have to be fair in awarding service failure points under PFI contracts!

Published On: 20 August 2015

The Technology and Construction Court (TCC) has held that a local authority to a PFI contract was, despite not being subject to an overriding duty of good faith, bound by an implied duty to act with honesty and not in a manner which was arbitrary, irrational or capricious when assessing the number of service failure points.

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