ARTICLES & UPDATES

ARTICLES & UPDATES

Scottish courts could benefit Carillion subcontractor

Ross Taylor, recently published in Project Scotland magazine, on how relevant legislation to help the supply chain in the construction sector has been interpreted differently by the Scottish Courts from the English Courts, and the implications for payment. Read more

27-03-18

Supply of faulty good and services – What are your duties?

Sitting in Manchester, the TCC issued a decision this month about who was responsible for a fire in a building. Since Grenfell, I have observed a heightened wariness by contractors, to the risk of fire which may be inherent in a proposed design, construction or materials selection. They are nervous about that risk falling on them. The TCC’s decision may be of interest to employers, contractors and suppliers. It may also be of interest to expert witnesses. Read more

12-02-18

Carillion Collapse: Who will get paid?

The collapse of Carillion has once again raised questions about payment practices in the construction sector; causing much analysis, opinion and debate about how things went wrong and how they may be fixed.  Concerns circle around payment by Carillion’s sub-contractors, down the supply chain, to suppliers, sub-subcontractors and workers.  However, will Carillion’s sub-subcontractors be treated any differently in Scotland from those in England; and how might payment practices be changed across the U.K. to protect the supply chain in future? A decision of the Sheriff Appeal Court in Scotland In January 2017 raises these interesting questions. Read more  

02-02-18

Under Pressure: Natural Justice in Adjudication

Adjudication is a ‘fast track’ dispute resolution procedure, which has legislative backing for the Construction sector; and forms a central tool to facilitate cash-flow for its stakeholders. Like all adjudicative processes, the Adjudication process must satisfy the requirements of Natural Justice. The core of those requirements is procedural fairness. . Read more

08-05-17

The Governor’s Responsibility

In October 2015, the chairman and governing board of Glasgow Clyde College were removed from office by the Scottish Government and replaced by a new board. According to Ministers, there had been "repeated incidences of failure relating to governance". Read more

28-04-17
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