Construction Law
Inksters can assist you with Construction Law matters.
Construction Contracts Scotland
Construction Contracts are not “just another contract” but are as complex as the project demands with statute imposing some mandatory clauses regarding payment and disputes.
Standard Form Contracts published by the Scottish Building Contracts Committee (SBCC) address the statutory requirements and provide an industry standard in Scotland.
A properly prepared contract is the best means to achieve certainty and understanding between the parties with respect to roles and risk allocation, which can avoid descending into disputes which fall to be determined by Adjudicators, Arbitrators or the Scottish Courts.
At Inksters we can guide you as to the most appropriate standard form and advise on any amendments to suit the particular needs of your contract.
Contact Peter McLean-Buechel at our Glasgow office if you require any advice or assistance regarding your construction contract.
Construction Disputes Scotland
When disputes arise in building or civil engineering projects more often than not the parties have agreed how they wish their irreconcilable disagreements to be finally resolved. This can be by reference to the procedures offered by the Scottish Courts or frequently by reference to Arbitration under the Arbitration (Scotland) Act 2010, which ousts the jurisdiction of the Scottish Courts to deal with disputes which fall within the scope of the parties’ agreement.
Unique to construction contracts is the ability to have disputes resolved on an interim basis by adjudication, which is a process which aims to provide an enforceable decision of an independent Adjudicator within 28 days of the dispute being referred to them. The Adjudicator’s decision remains binding on the parties until the dispute is finally determined by reference to the Scottish Courts, Arbitration or agreement of the parties as the case may be.
Adjudication is mandatory in some cases. If the parties’ contract is a Construction Contract as defined by the Housing Grants, Construction and Regeneration Act 1996, then there is a right to refer a dispute to adjudication at any time. Section 108 of the Act requires the parties to provide for this right, but if they fail to meet the requirements of the Act then terms are incorporated by the statute providing for adjudication, currently in accordance with the Scheme for Construction Contracts (Scotland) Regulations 1998 as amended by The Scheme for Construction Contracts (Scotland) Amendment Regulations 2011.
It may be that the Scottish Courts, Arbitration and/or Adjudication can be avoided by timely negotiation, or it may be appropriate to seek the assistance of a Mediator.
The best way to resolve your construction dispute is dependent on the facts and circumstances. Inksters have the knowledge, expertise and experience to advise and support you through whatever the best course may be for you.
Contact Peter McLean-Buechel at our Glasgow office should you require any advice or assistance with a construction dispute.