Scottish construction contracts

Construction contracts, permission and regulation in Scotland are not the same as in England and Wales. Differences in ownership of the material and processes for applying for permission are key.

An important principle for Scottish law is to resolve disputes swiftly rather than to engage in long drawn out arguments. The methods for resolving disputes in construction contracts reflect this principle and should be taken into account.

Using English contracts in Scotland can be dangerous and, in the event of the insolvency of a subcontractor or supplier who is based in Scotland, could lead to the terms of the contract not being enforceable because the real rights recognised by Scottish law might prevail over contractual provisions.

This section is maintained by Jonathan Gaskell of law firm DLA Piper Scotland LLP