Opinion

A Scottish appeal court decision on time bar should provide a stark warning for the construction sector, argues Michael Collins. Five years. That’s how long a party has to make a claim for damages under the Scottish law of prescription (time bar). But when, exactly, does that clock s

Kirsten Belk, a practice development lawyer at Dentons, runs through the new Circular Economy (Scotland) Bill with an eye on its impact for real estate in Scotland. The Circular Economy (Scotland) Bill was passed by the Scottish Parliament on 26 June. Sustainable production and consumption are

Ailsa Ritchie, partner at law firm CMS, provides the following comment on the construction policy note which has introduced a Graduated Pricing Mechanism as an alternative method of determining price score in tender evaluation. Guidance setting out a new method of determining the price score in tend

With the average number of deaths in the building sector now significantly higher than in the pre-pandemic period, Kevin Bridges, partner and head of health and safety at Pinsent Masons, said the focus is now on construction's efforts to improve its safety practices. Construction companies have

Neil Kelly, partner and head of construction at Morton Fraser MacRoberts, provides some analysis into a case where the Supreme Court ruled that a collateral warranty isn't considered a construction contract eligible for quick resolution under the Housing Grants (Construction & Regeneration)

The full impact of the Cladding Remediation Bill, which was recently passed in the Scottish Parliament, is still to be felt within the construction sector, write Shona Frame and Ryan McCuaig. The 2017 Grenfell Tower tragedy, which claimed 72 lives, put a sharp focus on the safety of cladding systems

Formal building contracts are a fundamental part of any construction project, specifying the contractual obligations on all parties, avoiding any ambiguities and the need for third-party interventions that can add to project costs and timescales, writes Ian McCann. The Joint Contracts Tribunal

BTO solicitor Kieran Thrall and trainee solicitor Kate Ross explain a determination by the Outer House that notification of loss and expense claims is a condition precedent to entitlement and highlight its implications for the construction industry.

With changes upcoming to the time limit for enforcement action in England for breaches of planning control, Brodies partner Neil Collar and associate George Sismey-Durrant highlight other differences in planning law between England and Scotland. From 25 April, the time limit for enforcement action i

Shona Frame, a partner and construction sector expert at law firm CMS, sets out tips for companies to deliver successful environmental, social and governance practices across their business. The focus on environmental, social and governance (ESG) considerations within the construction sector continu

With a consultation now underway about a similar post-Grenfell Building Safety Levy to one introduced to impose a levy on certain new builds in England, Ledingham Chalmers LLP partner David Scott looks at what might happen north of the border. After the Grenfell Tower fire in 2017, the UK Gover

Rosie Gollan and Francesca Macmillan from law firm Womble Bond Dickinson discuss the Scottish Government's plans for construction in 2024 and 2025.

Gilson Gray legal director Gregor Duthie shares his thoughts on the Register of Controlling Interests in Land and what it means for overseas investors and trusts that hold Scottish property. Greater transparency over the ownership of property in Scotland – and the UK, for that matter – h

In the recent case of Tilbury Douglas Construction Limited v Ove Arup & Partners Scotland Limited CA117/21 [2023] CSOH 53 the issue of prescription was revisited by Lord Harrower at a preliminary proof, writes Karen Cornwell. By way of background, the ongoing case involves the development of a f

Julie Scott-Gilroy, legal director in the contentious construction team at Morton Fraser, rounds up her three-part series which takes a closer look at inflation and other challenges currently facing construction companies with a look at safeguarding against insolvency. Companies operating