The Practice Notes in this subtopic provide an introduction to the key differences between Scots and English law for construction lawyers, and to particular features of Scots law that may be relevant to construction lawyers. These Practice Notes may be useful to both Scottish and English lawyers that require information on key Scots law issues, in the context of construction.
Though there is much in common between the law of Scotland and England, so far as construction law and construction contracts are concerned, there are nevertheless several important differences. These range from construction-specific matters, such as the application Scheme for Construction Contracts (Scotland) Regulations 1998, SI 1998/687 instead of the Scheme for Construction Contracts (England and Wales) Regulations 1998, SI 1998/649, through to differences in underlying common and statutory laws that will affect the drafting and formation of construction contracts, and execution of works. The most significant of these differences are considered in Practice Note: Key differences between Scots law and English law for construction lawyers. This looks at, among other things:
the Scheme for Construction Contracts (Scotland) Regulations 1998,
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