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
Opinion
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
This is the second part of our three-part series which takes a closer look at inflation and other challenges currently facing construction companies, as well as what the industry can do, from a legal point of view, to be best prepared. The series is compiled by Julie Scott-Gilroy, legal director in
Employment law specialist Catriona Aldridge suggests how employers in Scotland’s construction industry could best tackle the issue of ethnicity pay gap reporting. The UK Government’s publication of voluntary guidance for employers on ethnicity pay reporting is a welcome step forward. App
SCN is delighted to introduce a three-part series taking place over the next month that will take a closer look at inflation and other challenges currently facing construction companies as well as what the industry can do to be best prepared. The series is compiled by Julie Scott-Gilroy, legal direc
Caroline Maciver and Lynda Ross from Burness Paull round up the developers that have signed up for the Scottish Safer Buildings Accord and what the commitments entail. Eight large developers have signed letters to Scottish Ministers expressing their support for the Scottish Gover
Immigration experts Jamie Kerr and Alex McLean provide some practical information on how the construction sector can benefit from the expansion of the Shortage Occupation List. In an attempt to address skills and labour shortages in the construction sector, a new report has recommended a number of c
The Spring Budget included an announcement of real potential benefit to the UK construction industry for the recruitment of overseas skilled workers. Mark Templeton, director at law firm Anderson Strathern, unpacks what it means for businesses. In his Spring statement, chancellor Jeremy Hunt announc
To mark Stress Awareness Month 2023, accredited employment law specialist Laura Salmond considers the duty of employers and offers tips on identifying and managing work-related stress. Saturday 1st April marked the beginning of Stress Awareness Month 2023. An estimated
Spring 2023 will be a significant time for developers as the UK and Scottish governments progress their separate cladding remediation programmes. Each government’s programme is at a different stage. Caroline Maciver (partner) and Lynda Ross (director) from the construction team at law firm Bu
With Scotland and the rest of the UK continually missing housebuilding targets, Fraser Mitchell, partner in Shepherd and Wedderburn's Property and Infrastructure team, asks: what are the roadblocks to building?
The case of Muir Construction Limited v Kapital Residential Limited [2017] CSOH 132 served as a timely reminder of the importance for parties to a construction contract to understand the role of pay less notices. As economic uncertainty continues, maintaining cashflows and ensuring the correct amoun
Sandra Cassels discusses the recent changes to the law of prescription and their impact on latent defects in construction projects. The expiry of claims for damages in Scotland is regulated by the Prescription & Limitation (Scotland) Act 1973. Section 6 of the 1973 Act provides that claims
Jessica Tresham, James Ignotus and Michelle Essen from the construction team at Womble Bond Dickinson share why arbitration is such a popular way of resolving cross-border disputes. Most people in the construction and engineering industry are familiar with the term "international arbitration". They
Legal director Gregor Duthie highlights upcoming deadlines for commercial property owners in Scotland and across the UK. Transparency over the ownership and control of property has long been a point of contention – at times, it has even become a political football. In a bid to clear up some of