Construction Law



Building contractor successfully enforces adjudicator’s decision in school extension dispute

A building contractor that was hired to construct an extension at a school in Ayrshire has succeeded in an action to enforce an adjudicator’s award following a dispute with the local authority.

Published 5 January 2021

Lindsays predicts positive 2021 for property after securing £100m of sales

Experts in the residential property division of law firm Lindsays are buoyant about price prospects for 2021 in Scotland’s property market after revealing details of their busiest four months on record.

Published 5 January 2021

Sarah Alexander: Does omitting works under the NEC3 subcontract constitute a breach?

Sarah Alexander, senior associate at Dentons, discusses the intricacies of the NEC3 subcontract.

Published 26 November 2020

Tenant of Glasgow office building with defective curtain walling entitled to abate rent

A former tenant of an office complex in Glasgow that had to vacate the premises for necessary repairs has successfully established its entitlement to abate the rent as a result of the works. 

Published 17 November 2020

Morton Fraser wins transport infrastructure appointment

Morton Fraser has been appointed to provide legal services for public local inquiries (PLIs) by the Scottish ministers and UK government.

Published 16 November 2020

Demolition company director failed to ensure safety of tragic worker

The director of a demolition company could be jailed for up to two years after he failed to ensure the safety of a workman who was crushed to death in Buckie almost seven years ago.

Published 11 November 2020

Judicial review petition submitted into Sutherland spaceport decision

A petition has been lodged for a judicial review of the decision by Highland Council to approve plans for the proposed spaceport development in Sutherland.

Published 5 November 2020

Simpson & Marwick completes amicable de-merger from Clyde & Co

Residential property, conveyancing and estate agency firm Simpson & Marwick is going out on its own following a mutual and amicable de-merger from law firm Clyde & Co.

Published 19 October 2020

New resource for construction law in Scotland

Scottish Construction Now has now included a legal section on its busy website.

Published 13 October 2020

Aberdeen Harbour Expansion Project subcontractor establishes breach of contract by main contractor

A subcontractor involved in the Aberdeen Harbour Expansion Project has succeeded in establishing that the main contractor of the project breached the terms of their contract by omitting work within the scope of the subcontract and transferring it to other companies. 

Published 5 October 2020

Flat owner fails to establish statutory repair duty for downstairs neighbours

The proprietor of a flat in Edinburgh who sought to establish that their neighbour had a statutory obligation to pay for half the cost of repairs to the external render of the common wall of their building has had their application rejected by the Sheriff Court. 

Published 24 September 2020

Euan Clark named new board member for Joint Contracts Tribunal

Euan Clark is to join the Contractors Legal Group (CLG) at the Joint Contractors Tribunal (JCT), the Scottish Building Federation (SBF) has confirmed.

Published 21 September 2020

Angus Council wrong to consider demolition of building on common good land without consultation, judge rules

Angus Council has admitted defeat in the legal battle regarding its decision to approve the demolition of the former Lochside Leisure Centre in Forfar.

Published 14 September 2020

Construction firm fails to establish council’s breach of transparency obligations in tender process

A construction company that unsuccessfully tendered for a local authority contract has failed to establish that the local authority was in breach of transparency obligations imposed on it by the Public Contracts (Scotland) Regulations 2015. 

Published 8 September 2020

Sarah Stewart: Heat Networks Bill - will housebuilders warm up to it?

Sarah Stewart from Burness Paull considers the Scottish Government's Heat Networks Bill and its impact on the housing and heating industries.

Published 4 September 2020