ABSTRACT

Chapter 6 analyzes the implications that the construction industry cases hold for contract theory. In particular, the discussion explains how the cases fit into the commonly recognized theoretical schools of classical and neoclassical contract, legal realism, law and economics, relational contract, and neoformalism. It argues that, when viewed through the lens of the construction industry cases, contemporary contract law seems to function best through a pragmatic and demonstrably contextual application of broad and flexible principles or, as some might say, as a highly relational or transaction-specific field of law.