Law

The impact of insolvency during a construction project and the ripple effect on businesses and supply chains should not be underestimated. While insolvency levels in the Scottish construction sector have broadly returned to pre-pandemic levels (and in England remain a little higher) a significant nu

Megan McDonald has joined Turcan Connell as legal director in the firm’s land and property team. Ms McDonald brings extensive experience across the Scottish commercial property market, having advised clients on a broad range of real estate transactions during her time with both international a

Jonathan Barne KC of Axiom Advocates outlines the key points of the co-insurance defence and its potential consequences. Beware. It lurks. Ill-defined. Morphing. Misunderstood. But, potentially, very dangerous to the unwary. The co-insurance defence.

Mitchell Abbott, an advocate at Axiom Advocates, and David Wilson, a consultant at MFMac, discuss the construction contracts landscape after the Supreme Court’s decision in Forthwell. In a recent judgment relevant to the construction industry, the Supreme Court has held that a broad right to r

In a follow-up to MFMac's article last week that highlighted a crucial distinction between public works contracts and land deals, Lord Davidson KC and advocate Jamie McGowan from Axiom Advocates move the conversation towards the importance of disclosure in Scottish procurement litigation. Discl

Tesco has lost its judicial review challenge to Dumfries and Galloway Council's decision allowing Sainsbury's to open a supermarket at Cuckoo Bridge Retail Park, outside Dumfries town centre.

Law firm Burness Paull has hired hotels and student accommodation specialist Roland Smyth as a partner to boost sector growth from within its real estate team. Qualified in both Scots and English law, Mr Smyth brings considerable experience of commercial real estate and has developed an outstanding

Julie Scott-Gilroy, legal director in MFMac's Infrastructure & Capital Projects team, and Lauren McLaughlin, senior solicitor in MFMac’s Infrastructure & Capital Projects team, share what the construction industry should know when progressing works under a construction contract. Notice

In Scotland, a claim for hidden defects may be out of time before the defect and its consequences are fully understood. Speaking ahead of presenting on the topic of prescription at the Scottish Construction Summit next month, Jennifer McKay of MFMac and David Thomson KC of Axiom Advocates argue that

Revised guidance settles a key question over how the aggregates tax exemption applies to construction and infrastructure projects, writes Bryn Reynolds. Construction companies that excavate rock, gravel or sand as a necessary part of laying foundations for houses or other building projects in Scotla

Julie Scott-Gilroy, a legal director in MFMac's Infrastructure & Capital Projects team, outlines the key considerations for fire-safety-related claims in Scotland. The discovery of a fire-safety defect can leave a difficult question: who, if anyone, is liable?

Residential conveyancing specialist Jill Andrew is to co-chair a Scotland-wide residential property process review. The Murray Beith Murray partner was asked by ministers to co-lead the Scottish Government Conveyancing Review Working Group, which will undertake a focused analysis of Scotland&rs

Erica Dickson, legal director within MFMac's Infrastructure & Capital Projects team, shares what the construction sector should know about the Commercial Payments Bill. As detailed in our previous articles, the direction of travel on the Commercial Payments Bill is becoming clearer. The Bil

Axiom Advocates, the joint legal sponsor of this year's Scottish Construction Summit, has unveiled its line-up of speakers for the event. Garry Borland KC and David Thomson KC will be taking part on the day, with the current plan built around a series of short, topic-led sessions – likely arou

Two of Scotland’s best-known legal names are coming together for this year’s Scottish Construction Summit, with Morton Fraser MacRoberts (MFMac) and Axiom Advocates confirmed as joint legal sponsors of the event, which moves this year to the SEC Campus in Glasgow. The decision to co-spon