The requirements of a valid payment notice issued under a construction contract were considered in a previous update: “A Payment Notice? Be Clear?” with reference to the case of Surrey and Sussex Healthcare NHS Trust v Logan Construction (South East) Ltd (“Surrey and Sussex”) a decision of the English High Court. In the week following this decision the Scottish Sheriff Appeal Court was similarly tasked with determining the validity of payment notices in Trilogy Services Scotland Limited v Windsor Residential (“Trilogy”). This update from David Wilson and Rebecca Barrass from MacRoberts considers the approach taken in Trilogy and the impact the differing decision will have on the validity of payment notices issued under construction contracts.
Published 17 February 2017
The Scottish Government is consulting on the future of unconventional oil and gas development in Scotland, writes MacRoberts' Keith Campbell.
Published 14 February 2017
In September, the Scottish Government published several documents relating to the use of Project Bank Accounts (PBAs).
Published 28 October 2016
Solicitor Kate Primrose outlines what might be expected to happen in Scotland in reference to the JCT Design and Build Contract 2016.
Published 18 October 2016
Head of construction at MacRoberts LLP, Neil Kelly, has been presented with a top award from the Chartered Institute of Building (CIOB).
Published 29 April 2016