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Scottish construction law review 2022

Lee Lothian and Sophie Malley of CMS review the main construction law related events in Scotland in 2022.

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‘Going Rogue’ – The effects of sanctions on the construction industry

The imposition of sanctions on Russia in response to its invasion of Ukraine enjoys widespread support across the western world, despite having impacts on industries in the economies of countries that support Ukraine. Vijay Bange of Duane Morris explains how the sanctions affect construction and engineering.

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Records key to defence against ‘smash and grab’

John Wallace of specialist construction and real estate boutique law firm Ridgemont examines recent case law surrounding pay less notices. Businesses are risking it all by failing to ensure contractual payment mechanisms are being followed and failing to issue valid notices on time to protect their positions, he argues.  

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Professional indemnity market problems

Insurance expert John D Wright, Principal of JD Risk Associates, reports an easing in the market for cover with new entrants at least partly accounting for a slowing down of rate increases. Problems still remain in the post Grenfell Tower tragedy world however.

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Reasons to be cheerful ’23

The latest in our alternative dispute resolution series comes from Tracey Summerell of Dentons UK and Middle East LLP who looks back at achievements of the ADR community in 2022.

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New and proposed legislation: State of play table 276

This table, prepared by Barrett Byrd Associates, 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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Supreme Court landmark ruling on nuisance

A landmark ruling from the Supreme Court over residents claims that being overlooked by visitors to the Tate Modern museum in London constitutes a nuisance is expected to catalyse other claims.

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Legal terms explained: Entitlement to damages for defects

In a construction context, a ‘defect’ may arise where there is a failure to complete the work to a specific standard or otherwise in accordance with the contract. Construction contracts often include a definition of ‘defect’, but the precise definition differs depending on the contract. For more information on the meaning of ‘defect’, see our earlier article on defective works.

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The need for innovative solutions

Guest Editor Laura West of CMS argues that a new way of thinking of construction projects is needed to incentivise and drive innovation. Successful innovation projects recognise “innovation” as a separate process rather than trying to bake it into the design or construction phase.

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Reports from the courts – December 2022

Our regular round up of court decisions of most interest to construction from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP, analysing a judgment that highlights the importance of serving termination notices strictly in accordance with contractual requirements; and another that underlines the fundamental importance of proper service of a Notice of Adjudication.

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