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Scottish construction law review of 2024

Shona Frame and Heather Gibson of CMS review the most significant construction law related developments in Scotland in 2024, of which there were more than a few. A raft of new legislation, significant court decisions and regulatory changes kept lawyers on their toes.

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‘Rational businesspeople’ always trust in Fiona

Jane Hughes and Greg Barton of Trowers & Hamlins LLP analyse a TTC decision handed down late in 2024 holding that claims under the Defective Premises Act can be adjudicated. It suggests that parties should ensure they retain records for up to 30 years after practical completion.

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Remediation Acceleration Plan: mid-rise buildings, high-stakes reform

Dev Desai and Rupi Chandla of Watson Farley & Williams LLP explain what is required under the government’s Remediation Acceleration Plan (RAP) for mid-rise buildings. The RAP risks a plethora of regulations, proposals and guidance which risks muddying the waters further, they warn.

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Insuring Collateral Warranties

In this examination of collateral warranty related insurance our insurance expert John D Wright of JD Risk Associates explains issues arising from the extended limitation periods applicable under the Building Safety Act.

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Dispute Review Boards updates

Our latest Alternative Dispute Resolution series article comes from Sarah Alexander of Dentons UK and Middle East LLP who reports on some interesting updates relating to the appointment and use of dispute review boards.

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Legislation state of play table 296

This table, prepared by Alignment Media, provides a regularly amended guide to new and proposed legislation that will affect the construction industry. In addition to EU Directives and UK legislation, the table includes notes highlighting discussion papers issued by both government and non-government organisations, and commentary on the latest developments.

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Legal Terms Explained: Pure Economic Loss

Under English law, ‘pure economic loss’ is a concept that typically arises in the context of the tort of negligence and refers to financial loss that has not been caused by physical damage to property or injury to a person.

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Does the budget promise a brighter 2025 for the construction sector?

Caroline Maciver and Laura West of CMS see huge opportunities for the construction industry across the UK in current investment plans. The government’s Phase 2 Spending Review promised for April is keenly anticipated for further details.

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Reports from the courts

Our regular round up of the court decisions of most interest to construction comes from Andrew Croft, Ben Spannuth and Daniela Miklova of Beale & Company Solicitors LLP who examine a a case where a judge said the manner of an attack on an adjudicator was “wholly inappropriate”; and a judgment emphasising that Part 8 proceedings are a means of obtaining declaratory relief.

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Legislation state of play table 295

This table, prepared by Alignment Media, provides a regularly amended guide to new and proposed legislation that will affect the construction industry. In addition to EU Directives and UK legislation, the table includes notes highlighting discussion papers issued by both government and non-government organisations, and commentary on the latest developments.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

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