Scottish Engineering Contracts

- Introduction to engineering contracts - Forming the engineering contract - Engineer's role - General obligations - Payment - Commencement time and delays - Certificates - Determining the engineering contract - Claims - Litigation and dispute resolution - Insurance - Indemnities, guarantees and bonds - Sub-contracts - Professional services contract - Appendices

- Index - Agreement - The Contract Schedule - Definitions - Engineer - General obligations - Starting and completion - Defects - Additional payment - Payment - Assignment and sub-letting - Statutory obligations - Liabilities and insurance - Disputes - Scotland - Appendix to the Conditions of Contract

Provides a guide to the general principles of Scottish law relevant to construction contracts and the main provisions of the standard forms of construction contract used in Scotland including: the obligations of employers and contractors certification payment ending a construction contract remedies subcontracts collateral warranties insurance dispute resolution regulatory matters The new edition has been substantially updated and expanded to take account of the latest editions of the Scottish Standard Building Contracts and recent case law. Specific updates have been driven by the following changes to legislation and standard contracts Local Democracy Economic Development and Construction Act 2009 and the relative Scheme for Construction Contracts Arbitration (Scotland) Act 2010 Recognising the significant increase in use of NEC3 standard forms of contract, references to NEC3 provisions have been introduced throughout the relevant chapters so that each now covers the common law, the SBCC provisions and the NEC3 provisions. It also features new chapters on: litigation; competition; the Bribery Act 2010; and guarantees and bonds. From reviews of previous editions: ‘very approachable and readable... I would particularly recommend this book to non-legal construction professionals’ – Construction & Engineering Law ‘an informative textbook for the practitioner... [a] significant contribution to knowledge’ – Arbitration ‘a highly competent... textbook which would be of value for industry professionals with no legal background’ – Construction Law

Provides a guide to the general principles of Scottish law relevant to construction contracts and the main provisions of the standard forms of construction contract used in Scotland including: the obligations of employers and contractors certification payment ending a construction contract remedies subcontracts collateral warranties insurance dispute resolution regulatory matters The new edition has been substantially updated and expanded to take account of the latest editions of the Scottish Standard Building Contracts and recent case law. Specific updates have been driven by the following changes to legislation and standard contracts Local Democracy Economic Development and Construction Act 2009 and the relative Scheme for Construction Contracts Arbitration (Scotland) Act 2010 Recognising the significant increase in use of NEC3 standard forms of contract, references to NEC3 provisions have been introduced throughout the relevant chapters so that each now covers the common law, the SBCC provisions and the NEC3 provisions. It also features new chapters on: litigation; competition; the Bribery Act 2010; and guarantees and bonds. From reviews of previous editions: ‘very approachable and readable... I would particularly recommend this book to non-legal construction professionals’ – Construction & Engineering Law ‘an informative textbook for the practitioner... [a] significant contribution to knowledge’ – Arbitration ‘a highly competent... textbook which would be of value for industry professionals with no legal background’ – Construction Law

The new edition of ICE Conditions of Contract for Minor Works has been updated to include relevant legislation such as the Housing Grants Construction and Regeneration (HGCR) Act, the Contracts (Right of Third Parties) Act, the Arbitration Act and a new national agreement the Scottish Arbitration Code with the ICE's annex (2001) to that code. Clause 11 has been modified so that the new addendum A is incorporated to accommodate both the HGCR and Arbitration Acts. notes show how the original disputes procedure replaces clause 11 and addendum A.

This book discusses the key provisions of the standard Scottish building contracts, against the background of Scots law. The new edition covers, in detail for the first time, Scottish adjudication, including a number of appeal cases, and covers other new case law and important new developments in novation. It is based on the 2005 revised Scottish SBCC building contracts.

For related report, see HCP 542 (ISBN 9780215047489)