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
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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
Ailsa Thomson breaks down the Scottish Government's policy to empower communities and ensure people benefit more fairly from Scotland's land. As part of the Scottish Government's policy to empower communities and ensure people benefit more fairly from Scotland's land, on 26 April 2020 the right to b
Morton Fraser's head of construction law Jonathan Seddon looks at the potential impact of coronavirus on UK construction projects being procured under JCT. I started looking at the potential impact that the coronavirus might have on my client's construction projects a few weeks ago when th
Morton Fraser has been reappointed under the Scottish Government’s Legal Services Framework to provide general property legal services for the next two years, with the option to extend the contract for a further two. The exclusive contract will see Morton Fraser provide a diverse range of lega
Julie Scott-Gilroy, an associate at Morton Fraser, has been accredited as a specialist in construction law by the Law Society of Scotland. Ms Scott-Gilroy acts for a variety of clients including employers (private and public), contractors, sub-contractors, consultants and insurers. Her recent w
Morton Fraser’s Jonathan Seddon determines the pros and cons of a modular approach to delivering homes compared to traditional building. The use of the pre-fab (or modular) building is by no means a new concept in the UK. Historically, it came to the forefront of construction following the Sec
Morton Fraser’s Elspeth Carson asks whether the rise of city centre living and office developments could spell the end for the edge of town business park. Much has been written currently about the future of town centre retail and edge of centre retail parks, but many edge of centre business pa
By Jonathan Seddon, a partner and head of construction law at Morton Fraser If you are a developer and you've asked your contractor for a bond, then the chances are that the form of bond put forward will be the ABI Model Form of Guarantee Bond, or certainly something very close to that.
The recently published judgment of O’Farrell J in Swansea Stadium Management Co. Ltd v Swansea City and County Council ([2018] EWHC 2192 (TCC)) provides guidance on limitations of time clauses contained in collateral warranties and acts as a reminder that collateral warranties are ca
Commercial real estate specialist Jonathan Seddon discusses the Brexit concerns that now regularly feature in construction contract negotiations and the implications being felt with regards to workforce and tariffs. With less than five months to go until the UK formally leaves the EU, Brexit concern
Amy Entwistle Following the transfer of the Island of Ulva to the North West Mull Community Woodland Company, Amy Entwistle looks at the right to force the sale of abandoned, neglected or detrimental land.
Jonathan Seddon Is affordability the biggest challenge facing the purpose built student accommodation (PBSA) market at the moment? If it is, then it is also the biggest opportunity, writes Jonathan Seddon.