Opinion

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.

Very few in Scotland’s real estate sector are currently satisfied with the existing planning system. The question then is how best to alleviate the issues that currently challenge the public and private sector parties with an interest in this key industry. Lee Murphy, a planning consultan

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

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

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

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

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)

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

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

BTO solicitor Kieran Thrall and trainee solicitor Kate Ross explain a determination by the Outer House that notification of loss and expense claims is a condition precedent to entitlement and highlight its implications for the construction industry.

With changes upcoming to the time limit for enforcement action in England for breaches of planning control, Brodies partner Neil Collar and associate George Sismey-Durrant highlight other differences in planning law between England and Scotland. From 25 April, the time limit for enforcement action i

Shona Frame, a partner and construction sector expert at law firm CMS, sets out tips for companies to deliver successful environmental, social and governance practices across their business. The focus on environmental, social and governance (ESG) considerations within the construction sector continu

With a consultation now underway about a similar post-Grenfell Building Safety Levy to one introduced to impose a levy on certain new builds in England, Ledingham Chalmers LLP partner David Scott looks at what might happen north of the border. After the Grenfell Tower fire in 2017, the UK Gover