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
In an exclusive piece for Scottish Construction Now, construction lawyer Jonathan Seddon explains how the way in which we use commercial real estate has changed and why the sector needs to think outside the box to take full advantage of the opportunities available. The way we use commercial real est
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
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?
Sandra Cassels provides an overview of the approach to cladding in Scotland and addresses three discrete points: building Regulations, RICS Guidance and rights of recourse for owners/government assistance. Building Regulations
Construction and property consultancy Thomas & Adamson (T&A) has been appointed by law firms Shepherd & Wedderburn and Morton Fraser to deliver over 36,000 sq. ft of commercial fit-outs in Edinburgh and Glasgow city centre. T&A will provide project and cost management servi
Construction Delay Series: There are multiple reasons for delay to the project, and only some of them are my fault. Can I get additional time?
In the final article in SCN's exclusive four-part Construction Delay Series, Sandra Cassels, partner in the commercial litigation team at Morton Fraser who specialises in construction and engineering disputes, explores whether a contractor is entitled to some additional time in a case wher
Sandra Cassels, partner in the commercial litigation team at Morton Fraser, continues our four-part Construction Delay Series, which takes a closer look at legal issues surrounding construction delays. The contract should set out the particular factors which should be taken into account in cons
Construction Delay Series: I have submitted a claim for additional time; how long do I have to wait for a decision? What are the consequences if no decision is made?
Sandra Cassels, partner in the commercial litigation team at Morton Fraser, continues our four-part Construction Delay Series, which takes a closer look at legal issues surrounding construction delays. If your contract makes provision for an extension of time it should also set out the procedur
Construction Delay Series: What is a Relevant Event and what effect does it have on the completion date?
Scottish Construction Now is delighted to introduce a four-part series taking place this month that will take a look at legal issues surrounding construction delays. The series is compiled by Sandra Cassels, partner in the commercial litigation team at Morton Fraser, who specialises in construction
In an exclusive piece for Scottish Construction Now, construction and engineering dispute resolution specialist Sandra Cassels covers how businesses can minimise disputes that arise through supply chain disruption in this Covid-hit landscape. For over a year now, we have see
Partner and head of construction law at Morton Fraser, Jonathan Seddon, returns to the subject of the use of performance bonds in the Scottish construction sector. I wrote an article for Scottish Construction in July 2019 highlighting that because of the wording of the ABI Model Form of Guarant
Morton Fraser has been appointed to provide legal services for public local inquiries (PLIs) by the Scottish ministers and UK government. PLIs are a part of the consent process governing some of the country’s largest trunk road infrastructure projects. They ensure that ministers are fully
Coronavirus has had a significant impact on construction projects in terms of delay as well as direct and indirect costs and Claire Logue says it is uncertain how these will be dealt with by the courts. As the Rolling Stones wisely advise us, "You can't always get what you want… but if you tr
Iain Young comments on the importance for companies of reviewing their articles of association at this time. The social distancing restrictions imposed by the UK government has meant that all businesses have moved to remote working arrangements where it is possible for them to do so. The effect of t