Opinion

Construction lawyer Andrew Boccoli believes that a question mark hangs over the continuation of fixed-price arrangements. For the past 20 years, convention in the construction trade has been that contractors take on much of the financial risk when they tender successfully for projects. But, as the w

Litigation lawyer Richard McMeeken discusses a recent decision involving a building contractor which has clarified certain aspects of the law of bribery in Scotland. In Oil States Industries (UK) Limited v "S" Limited; Lagan Building Contractors Limited (in administration); John Hansen and Stuart Ir

Andrew Diamond, partner and head of residential property at Lindsays, reveals how ‘subject to purchase’ bids hold potential for unlocking opportunities to bring more homes on to market as well as greater buying power. Contract clauses which make home sales subject to the seller buying th

Keith Kilburn and David Arnott outline how international arbitration can be used in the construction industry. International arbitration is a well-recognised dispute resolution process for construction projects throughout the world. It offers numerous benefits to parties, including the ability

To protect customers, the UK government has introduced a new code of practice and ombudsman scheme applying to all private buyers of new homes for owner-occupation anywhere in the UK. Finlay Campbell explains the details. The New Homes Quality Board (NHQB), an independent body established by Westmin

Charles Livingstone and Jamie Dunne from Brodies respond to last week's announcement from the Competition and Markets Authority (CMA) which provisionally found more competition law breaches in the construction sector. The UK's competition law enforcement body, the Competition and Markets Authority (

With the bidding process closing today, Sheelagh Cooley, real estate partner in the Edinburgh office of law firm Shoosmiths, considers the benefits and potential challenges ahead for the operators of Scotland’s Green Freeports. It has been well publicised that the Scottish Government is curren

Recent changes to the law of prescription in Scotland mark an important development to the law in Scotland that will certainly have an impact on construction-related disputes, argues Jonathan Seddon at Morton Fraser. What's the background?

Jamie Dunne, an associate in the Government, Regulation and Competition team at Brodies LLP, and an accredited specialist in public procurement law, highlights changes to the procurement bill, which will have a significant impact on how construction firms go about bidding for public work contra

Pinsent Masons partner Katherine Metcalfe discusses the expansion of the Single Building Assessment programme. The Scottish Government’s cladding remediation programme continues to generate law reform with the announcement yesterday that the Single Building Assessment (SBS) programme

Frances Tait, who works in the construction and engineering team at Womble Bond Dickinson, outlines the combustible cladding legislation changes set to be introduced in Scotland. Everyone's full attention has been on the Building Safety Bill (now the Building Safety Act 2022) receiving Royal Assent

Alice Minick, an associate at Dentons UK and Middle East LLP, believes the Court of Session case Van Oord UK Ltd v Dragados, which overturned an adjudicator's decision on the grounds of a breach of natural justice, provides an interesting opportunity to examine a successful challenge of an

Amy Pairman, associate and construction law expert at Brodies LLP, explores the practicalities of what needs to be done, now the restrictions on rebated fuels are in place. WHAT'S CHANGED

Leona Duff, a solicitor in Anderson Strathern LLP’s commercial litigation team, outlines the new limitation rules being introduced under the Prescription (Scotland) Act 2018 from 1 June 2022. The law

Louise Norris, a partner in the commercial property team at Lindsays, believes Glasgow would be advised to look along the M8 for city centre regeneration inspiration. Bold, innovative ideas - coupled with decisive action - is what’s going to shape our successful city centres of the future.