Law

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

Law firm Burges Salmon has appointed Alexandra Clayton as a director in its Real Estate department. Alexandra joins the firm from Linklaters, where she was a managing associate in its Real Estate team.

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

Law firm Anderson Strathern has strengthened its construction dispute resolution offering with the addition of a specialised team, led by newly-appointed partner Michael Collins and director Mary Frances O’Neill. The four-strong team, which also includes solicitors Gillian Green and Liam McKay

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)

An Aberdeen sheriff has ordered a property developer to discharge a £1.15 million standard security granted in his favour by another developer after ruling that all the conditions of discharge had been complied with.

A lord ordinary has dismissed part of an action raised by the tenant of a building located next door to the fire-damaged Glasgow School of Art insofar as it related to assignees of the tenant but allowed the tenant’s part of the action to continue. Tecjet Ltd, part of a group of companies owne

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

The Sheriff Appeal Court has reduced the amount payable by a joiner who failed to meet quality of work standards in an attic conversion job by £12,000 after he challenged the sheriff’s decision to award decree in favour of the pursuers.

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

An appeal by Scottish Power against a decision to award damages to the widow and other family of a former employee who died of mesothelioma in 2018 has been refused by the Inner House of the Court of Session.

A couple that bought a property in Auchendinny only to find a substantial quantity of Japanese Knotweed on the grounds have been allowed to progress with an action raised against the sellers based on a breach of the terms of sale.

International law firm CMS has released its International Construction Study 2024, highlighting evolving risk management and disputes strategies across the international construction sector. The study, conducted in partnership with YouGov, surveyed 125 senior in-house counsel in the international co