As the largest construction group in Scotland, with more Accredited Specialists than any other firm, the benefits to our clients are the breadth and depth of experience that we can provide across all sectors of the construction market, and the resources which we have available to draw upon as client demands dictate.
Our specialised lawyers advise at all stages of the construction process from advice on appropriate forms of procurement, including drafting and negotiation of contracts, through to contract and claims advice aimed at dispute avoidance and management, to - if necessary - formal dispute resolution procedures. We aim at all stages of our involvement to understand our clients’ commercial aims and to add value over and above the legal services we provide. We are used to acting in teams involving expert QSs, planners, claims advisers and designers and work to allow the team to deliver our clients’ needs.
The firm also notably produced the first textbook on construction law in Scotland, “MacRoberts on Building Contracts”, a second edition of which has been published. Click here for further details.
At the Procurement stage of a project, our non-contentious specialists within the Group have been involved in projects as diverse as:
Term Maintenance Outsourcing: Advising a large facilities management company in £350m joint venture with an English City Council, one of the largest local authorities housing repairs and maintenance projects in the UK and acting in relation to current tenders for similar contracts with the Home Office, and other City and Borough Councils.
Commercial Developments: Acting for a developer in preparing construction and consultant appointment documentation for a harbour residential development in Glasgow; acting for a major development company in contracts for a new factory for a major engineering manufacturer at Inchinnan; advising a developer of Eurocentral development on construction documentation.
Education: Advising Colleges on major new campus developments.
Energy: Acting for a global leader in windfarm turbines in its contracts for windfarm developments throughout Scotland and advising on power purchase contracts.
PPP: MacRoberts are one of the leading advisers in Scotland in PPP Projects. Experience includes advising on the construction aspects of PPP Projects across the UK including Glasgow, Edinburgh, South Ayrshire, Angus, Borders, Argyll & Bute and Clackmannanshire Schools, Forth Valley Acute Hospital, Edinburgh Royal Infirmary, St Andrews Community Hospital, and Highland, Tay and Moray waste water schemes.
Other
- Advising an NHS Trust in relation to a new maternity facility in Scotland
- Advising a major Housing Association in relation to its proposed multi-million pound programme for new-built social rented housing in Glasgow
- Advising a Trust in relation to the contractual documentation for its project for the construction of a new residential unit for young people
- Advising a University on the implications of the insolvency of a major contractor and negotiating novations with a replacement contractor
- Advising a University on terms of a building contract for new facilities
- Advising a University in relation to a building contract for new student residences
- Advising a specialist developer in relation to contracts for the construction of new student accommodation blocks for a number of Scottish Universities
- Delivering seminars to two Universities in relation to the impact of the CDM Regulations
- Advising an NHS Trust in relation to its Collaboration Agreement with a University for the construction of the new Medical School as part of the PPP development of a new hospital
- Advising several F&HE Colleges on new campus developments
- Acting for a major hotel group in preparing the construction and appointment packages for its new hotel developments throughout the UK
Dispute Resolution
Where there are signs of a project going awry, our specialised dispute resolution lawyers within the Group are able to explore both contractual and commercial solutions available to our clients. Often, all that is required is to give some initial advice to the client regarding arguments available and potential routes for resolution to allow them to move matters forward. In recent years an increasing proportion of our work involves advising clients on law and strategy to allow them to reach a negotiated settlement. We look at ways to tailor dispute resolution in the most effective way to fit each dispute rather than try to compress them into a “one-size-fits-all” form of procedure.
Examples of such advice include:
Mediation
- Acting for an Austrian PFI contractor in a mediation concerning claims arising out of a waste water treatment centre in which parties were £5m apart.
- Acting for a local authority in a mediation with a term contractor on a term contract for repair and maintenance.
- One of our partners is a CEDR Accredited Mediator.
Contract Advice
- Advising a consortium (M&E (Norwegian)/Civils (British)) on contractual issues around a settlement agreement related to the construction of a waste to energy plant
- Advising a contractor consortium which operates a sewage treatment plant in Northern Ireland on a number of contractual issues
- Advising a contractor under a term maintenance contract with an English local authority on matters including contract interpretation issues, dispute resolution procedures, contractual entitlements and dispute resolution strategy
- Advising a major UK Contractor in relation to multi million pound claims made against it regarding late completion of, and alleged defects in, a mixed retail/commercial development
- Acting for a local authority in relation to claims by an unsuccessful tenderer of breaches of European procurement legislation arising out of a construction contract procurement process
- Actively involved in the largest current OFT investigations into anti-competitive practices in the construction industry on a UK - wide basis
- Advising clients on an OFT "whistle blowing" and on leniency policies
- Providing Competition Law compliance training sessions, presented throughout the UK
- Acting for a further education institution in connection with investigations by the European Court of Auditors into grant funding, including EU construction procurement issues
Where disputes cannot be resolved without a third party decision maker, we can advise on the most appropriate form of procedure out of the range of choices available including adjudication, court, arbitration, expert determination and dispute resolution boards.
Examples of cases we have been involved in include:
Court
- Acting for successful Appellants in the first House of Lords case concerning the Housing Grants Construction & Regeneration Act 1996 - Melville Dundas v George Wimpey
- Acting for the successful Pursuer in the leading case on global claims in Scotland - John Doyle Construction v Laing Management
- Acting for British Energy in its restructuring, including in relation to court aspects.
- Acting for the contractor in a multi-million pound dispute in the Court of Session related to a PFI for a waste treatment works
- Acting for the building contractor in a multi party action in the Court of Session involving a defective roof in large agricultural buildings
- Acting in a number of prosecutions arising out of Health and Safety breaches in the construction field
- Acting in many of the reported cases concerning construction in the Scottish Courts including: Scrabster Harbour Trust v Mowlem Plc, City Link Development Company Limited v Lanarkshire Housing Association, Robertson Group (Construction) Limited v Amey-Miller Joint Venture (Appeal Court Decision); Royal Insurance v Amec
Adjudication
- Involvement in most of the high profile adjudications acting for parties, giving legal advice to adjudicators or acting as adjudicators
- Acting for a large UK Sub-Contractor in a £3m adjudication concerning design responsibility, contractual determination and final accounting issues
- Acting for a main contractor against its employer - SBCC contract re historic building, measurement, loss and expense, and extension of time issues, successful adjudication followed by successful enforcement action in the Court of Session
- Acting for an employer against the main contractor - SBCC contract re nursery, determination, measurement, loss and expense, loss and damages and extension of time issues, adjudication to conclusion then negotiating successful overall settlement agreement
- Acting for the main contractor against a residential employer - SBCC contract, determination and measurement issues, successful adjudication, petition for judicial review and enforcement action running concurrently and ongoing
- Acting for the employer against the main contractor - SBCC contract re sports club, measurement, loss and expense and extension of time issues.
Arbitration
- Acting for large construction firm in an arbitration concerning multi-million pound claims by a Sub Contractor
- Conducting an arbitration for the Employer (Respondent) involving claims by a Contractor for c£1m (loss and expense and measurement) and extension of time issues on a housing development
- Acting for an Austrian Contractor in a multi-million pound arbitration by process Sub Contractor in connection with wastewater treatment works
- Acting for a contractor in £10m claim by a sub-contractor arising out of engineering works
- Acting in Judicial Review proceedings arising out of actings of a Scottish arbiter.
Expert Determination
- Acting for an Austrian contractor in a PFI project in dispute with electrical Sub Contractor
Our team is highly regarded in respect of both contentious and non-contentious practice areas. Our Construction Group are quoted in 'Chambers & Partners 2010' as:
- "With expertise across the board, MacRoberts maintains an excellent position in the Scottish construction market; its contentious team has a particularly impressive reputation. Market sources praise the commercial and pragmatic nature of the Group's advice."
and in ‘Chambers & Partners 2009’ as follows:
- "MacRoberts enjoys a phenomenal reputation in the construction sector for its “punchy, straightforward advice” and prompt turnaround of work: “This dedicated team works day and night to meet the deadlines we set,” report clients. The firm’s strong contentious team is the main drawcard for clients, who unanimously praise the lawyers’ depth and breadth of expertise."
and in 'Chambers & Partners 2008' as:
- This long-established Scottish outfit "operates seamlessly" to offer clients "an admirable service". Fans of the firm attest to its strong desire to understand clients, an attitude which means "you get total commitment from them, they're part of your team."
While The Legal 500, 2007 edition, noted:
- "MacRoberts boasts one of the top construction teams in Scotland for both contentious and non-contentious work. The team’s ‘efficient, practical and commercial approach to dealing with issues and competitive rates combined with quick turnaround of work’ impresses clients."