Opinion

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

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?

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

The Health and Safety Executive’s (HSE) annual work-related injury report has revealed the number of workers killed in work-related incidents has declined year on year, but by a smaller rate than in previous terms, writes Kevin Bridges. The construction, agriculture, forestry and fishing secto

Liam McKay, an associate in Anderson Strathern’s contentious construction team, dissects the recent Court of Session decision in Ogilvie Construction Ltd v MR Re Glasgow Ltd and its implications for the construction industry. Like the titular children’s novel There and Back Again, the la

Fergus Spowart, solicitor, and Sinéad Pow, trainee solicitor, from Shakespeare Martineau’s Scotland office, discuss why the construction industry needs a more strategic approach to debt recovery, what steps businesses can take and how these measures can protect cash flow while maintaini

Following recent Competition and Markets Authority enforcement action against companies involved in bid‑rigging and other anti‑competitive practices, Colin Miller, a legal director in the corporate team at BTO, issues a timely reminder that construction remains a priority sector for regulatory s

Barry McKeown, a real estate partner and head of Shoosmiths’ Glasgow office, reflects on the key issues from a Scotland perspective that arose from last week’s MIPIM 2026 conference. Last week, I and several colleagues joined more than 20,000 delegates from across the global property, in

The Scottish Government’s planned exemptions from rent control measures within the Housing (Scotland) Act 2025 signal a more stable and investable landscape for developers, investors and funders, offering a timely catalyst for boosting housing supply across Scotland, write Russell Munro and Pa

The Supreme Court just reminded contractors everywhere to check their contracts before ripping them up, says Liam McKay. We’re all familiar with the saying that “two wrongs don’t make a right,” and this month that wise adage came through in a ruling from the Supreme Court tha