Scots law recognises the principle of third party rights in contracts whereby a non-contracting party can have rights to enforce contracts entered into by others - particularly relevant for construction contracts. New legislation will shortly be enacted to provide a modern clear statement of the law which will bring Scotland into line with England and Wales - a much needed reform in an area where the law was no longer adequate for modern requirements.
Life, business and the law
The law never stands still, and the way it applies to you and your organisation is constantly evolving. Our people are on top of these developments and can keep you up to date with some of the most interestings aspects of these changes. Check out our articles and updates for our perspective on issues that might affect you.
Latest articles from Michael Conroy
In this snapshot we consider a recent case which provides some direction to employers seeking to avoid the consequences of a failure to issue a Payment Notice in the face of the relevant application for payment by a contractor being presented as a Default Payment Notice.
In standard form building contracts, a Final Certificate is issued by the contract administrator to certify that the contract has been completed fully. In our experience, the conclusive nature of these Certificates are often misunderstood by clients, which can potentially lead to problems at a later date.
The Local Democracy, Economic Development and Construction Act 2009 effected changes to the statutory payment regime applicable to all construction contracts introduced by the Housing Grants Construction and Regeneration Act 1996.