CONSTRUCTION

Legal services

  • Adjudication & arbitration
  • Bid reviews
  • Contract assembly & negotiation
  • Dispute avoidance & resolution
  • Employment & HR
  • Funding agreements
  • Health & safety
  • Insolvency issues
  • Bonds & guarantees
  • Procurement law advice
  • PFI/PPP/hub projects
  • Risk management
  • Warranties

Sector expertise

The firm’s experience and expertise in construction extends back many decades and MacRoberts’ lawyers are widely respected both in legal circles and within the wider construction industry. We are well-resourced with in-house specialists in all aspects of the law affecting construction operations, both contentious and non-contentious.

Our team is led by partners who are independently recognised as experts in this sector and we regularly advise on all aspects of projects in the UK and internationally, including contract structures, procurement law and financing options, as well as supporting our clients through each stage of the process. Our expertise covers all industry standard forms of contract including SBCC, JCT and NEC.

The breadth and depth of our team, combined with our ability to call upon specialists in the areas of banking, corporate, projects and real estate, means that we always provide a seamless service to our clients.

Whether the project is at inception, currently under construction or has run into problems leading to potential disputes our team is able to work alongside your other professional advisers to achieve the best possible commercial outcome and ensure that your projects are delivered on time and on budget.

“The number of cranes on the horizon are said to be a barometer for economic buoyancy and with our dealings in construction extending back many decades, it’s fair to say that MacRoberts has witnessed both the ebb and flow of the sector.”

Neil Kelly, Head of Construction

MacRoberts has been at the forefront of Scotland’s construction industry for more than 30 years and we understand that today, more than ever, this fast-paced sector is ever changing. The stakes are high and the risks very real. Against this backdrop, we know our clients require assurance that their legal advice is in the most capable hands. Our team has the expertise and industry involvement to deliver the practical solutions our clients require and expect.

Our team has the expertise and industry involvement to deliver the practical solutions our clients require and expect.

We know that legal issues in the construction sector can be complex, but we have the depth of understanding and wealth of experience required to meet the sector’s challenges. We pride ourselves on our ability to provide a commercial approach, acting with agility and responsing to inevitable complications with cutting-edge solutions and practicality. Our alignment with the sector means we appreciate the industry’s difficulties and nuances – our clients can expect the highest level of both legal expertise and practical know-how.

Key contacts

Neil Kelly, Partner

Neil Kelly - MacRoberts LLP

Described in Chambers (2015) as ‘an outstanding advocate of construction and contract law’, Neil has over thirty years experience specialising in advising employers, contractors, subcontractors, consultants, suppliers and their insurers in the Construction Sector.

Neil has been Head of the Construction Group at MacRoberts since 2003 and was Chairman of the firm between 2011 and 2014.

Mike Barlow, Partner

Mike Barlow - MacRoberts LLP

Mike has been at MacRoberts for over 16 years. Mike is accredited by The Law Society of Scotland as a Specialist in Construction Law and also has an LLM in Construction Law (with Distinction). He specialises in non–contentious construction work, including building and engineering contracts, development agreements, collateral warranties, professional appointments, novation agreements, performance bonds and guarantees.

Jennifer McKay, Partner

Jennifer McKay - MacRoberts LLP

Jennifer is a Partner in MacRoberts Construction Group specialising in contentious construction.

Jennifer has over 12 years experience acting on behalf of Employers, Main Contractors, Sub-Contractors, members of the design team and insurers in a wide variety of construction disputes across a number of different sectors.

Gavin Thomson, Partner

Gavin Thomson - MacRoberts LLP

Gavin is a partner in the MacRoberts Construction Group.  He has specialised in construction dispute resolution since qualifying as a solicitor in 2001.

In that time he has acted for Employers, Main Contractors, Sub-Contractors and members of the design team in a wide range of construction disputes, ranging from residential disputes to multi million pound infrastructure defect disputes.

Our work

  • Advising insurers in connection with the defence of an action in the Court of Session regarding alleged failures in the consulting engineering services performed on behalf of the contractor for a development of residential properties.

 

  • Advising a multi-national contractor in connection with Court of Session proceedings pursued against them by a national energy company regarding alleged defects in the foundation bases of wind turbines at a windfarm in central Scotland.

 

  • Acting for a French company in relation to bonds granted by it to a Scottish Local Authority for works required in the restoration of open cast mines after works associated with coal extraction.

 

  • Representing a large multi-national contractor in the Edinburgh Trams Inquiry which has been set up to establish why the Edinburgh Trams project incurred delays, cost more than originally budgeted and delivered less than projected.
  • Acting for Joint Venture and guarantors in relation to Watewater Treatment Works contract. Defending Court of Session commercial action in relation to Employer’s claim for damages in relation to defective works.

 

  • Acting for a large energy company in relation to the design and construction of their new HQ building in Glasgow.

 

  • Advising a PFI consortium in a major claim against the design and build contractor regarding alleged defects on the A92 dual carriageway from Dundee to Arbroath.

NEIL KELLY RANKED
BAND 1
IN CHAMBERS UK

150+ 
YEARS COMBINES EXPERIENCE
ADVISING OUR CLIENTS IN THE
CONSTRUCTION SECTOR

What our clients say about us

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