Opinion

1-15 of 119 Articles
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CMS partner Shona Frame outlines key legal and legislative issues that are likely to impact the construction sector over 2025.  In the year ahead, significant legal and legislative measures covering a range of areas including environmental sustainability, health and safety, financing and employ

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CMS partner Caroline Maciver highlights what the Scottish Government has in store for 2025 in terms of cladding remediation. As this year comes to a close, Scotland’s housing minister Paul McLennan has given some indications of what to expect next year in respect of cladding remediation.

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Following the tragedy at Grenfell Tower on 14 June 2017, the Grenfell Inquiry’s Final Report (also called the Phase 2 Report), was published in September. It paints a bleak picture of years of failures by government and others in the construction industry and calls for far-reaching reform

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Kate Ross, a trainee solicitor at BTO, considers the implications of a case where a main contractor and subcontractor were invited to notify the adjudicator of any "clerical or typographical errors". McLaughlin and Harvey Ltd v LJJ Ltd [2024] EWHC 1032 (TCC) concerned the enforcement of a decis

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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

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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

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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

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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

1-15 of 119 Articles